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Carla Foster: Mother jailed over lockdown abortion to be released Carla Foster: Mother jailed over lockdown abortion to be released
(32 minutes later)
Three judges at the Court of Appeal reduced Foster's prison sentence on TuesdayThree judges at the Court of Appeal reduced Foster's prison sentence on Tuesday
A mother who was jailed for illegally obtaining abortion tablets to end her pregnancy during lockdown will be released from prison after the Court of Appeal reduced her sentence.A mother who was jailed for illegally obtaining abortion tablets to end her pregnancy during lockdown will be released from prison after the Court of Appeal reduced her sentence.
Carla Foster, 45, admitted illegally procuring her own abortion when she was between 32 and 34 weeks pregnant.Carla Foster, 45, admitted illegally procuring her own abortion when she was between 32 and 34 weeks pregnant.
A judge told her last month she would serve half her 28 month-term in custody and the remainder on licence. A judge told her last month she would serve half her 28-month term in custody and the remainder on licence.
But the Court of Appeal reduced the term to 14 months suspended.But the Court of Appeal reduced the term to 14 months suspended.
Dame Victoria Sharp, sitting with Lord Justice Holroyde and Mrs Justice Lambert at the London court on Tuesday, called it "a very sad case".Dame Victoria Sharp, sitting with Lord Justice Holroyde and Mrs Justice Lambert at the London court on Tuesday, called it "a very sad case".
"It is a case that calls for compassion, not punishment," Dame Victoria said."It is a case that calls for compassion, not punishment," Dame Victoria said.
Foster appeared at the hearing via a video link from Foston Hall prison, Derbyshire.Foster appeared at the hearing via a video link from Foston Hall prison, Derbyshire.
'Cruel, antiquated law'
The mother-of-three from Staffordshire was jailed at Stoke-on-Trent Crown Court on 12 June.The mother-of-three from Staffordshire was jailed at Stoke-on-Trent Crown Court on 12 June.
The court heard she had moved back in with her ex-partner at the start of lockdown, while carrying another man's baby.The court heard she had moved back in with her ex-partner at the start of lockdown, while carrying another man's baby.
'Cruel, antiquated law' She procured pills by post from the British Pregnancy Advisory Service (BPAS) after providing information that led staff to believe she was seven weeks pregnant.
She procured pills by post from the British Pregnancy Advisory Service (BAPS) after providing information that led them to believe she was seven weeks pregnant.
Although abortion is legal up to 24 weeks, after 10 weeks the procedure is carried out in a clinic.Although abortion is legal up to 24 weeks, after 10 weeks the procedure is carried out in a clinic.
On 11 May 2020, after she took the abortion pills, emergency services received a call to say she had gone into labour.On 11 May 2020, after she took the abortion pills, emergency services received a call to say she had gone into labour.
The baby was born not breathing during the call and pronounced dead about 45 minutes later.The baby was born not breathing during the call and pronounced dead about 45 minutes later.
Chief executive of BAPS Clare Murphy said she was "delighted" the mother would be released from prison and called for a change to the law. No communication with children
"The court of appeal has today recognise that this cruel, antiquated law does not reflect the values of society today," she said. Dame Victoria told the court there was "no useful purpose" served by detaining Foster in custody, and added her case had "exceptionally strong mitigation".
Foster's barrister Barry White said there had been a lack of "vital reports" into his client's mental health and the pandemic had added to her existing anxiety.
The Court of Appeal also heard the prison had not allowed Foster any communication with her children during her 35-day incarceration, one of whom is autistic.
Mr White highlighted Foster had voluntarily revealed her actions to police, adding: "Had she not done that, it is highly unlikely that she would have ever been prosecuted."
Robert Price, from the Crown Prosecution Service, said the original sentence was not "manifestly excessive" and the judge had "correctly made allowances for mitigating factors in this unusually sensitive case".
As well as the 14-month suspended prison sentence, Foster will also have to complete up to 50 days of activity.
Labour MP Stella Creasy campaigns for women's rights
In response to the verdict, chief executive of BPAS Clare Murphy said she was "delighted" the mother would be released from prison and called for a change to the law.
"The court of appeal has today recognised that this cruel, antiquated law does not reflect the values of society today," she said.
"Now is the time to reform abortion law so that no more women are unjustly criminalised for taking desperate actions at a desperate time in their lives.""Now is the time to reform abortion law so that no more women are unjustly criminalised for taking desperate actions at a desperate time in their lives."
Stella Creasy MP tweeted decriminalisation was needed in abortion cases and called existing legislation "archaic".
"The relief that this woman can go home to be with her children is tempered by the knowledge there are more cases to come where women in England [are] being prosecuted and investigated," the Labour MP said.
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Related Topics
Stella Creasy
Abortion
Women