Carla Foster: A mother who was imprisoned for illegally using abortion pills to terminate her pregnancy during the lockdown will now be released from prison after her sentence was reduced by the Court of Appeal.
Carla Foster, aged 45, admitted to unlawfully procuring her own abortion when she was between 32 and 34 weeks pregnant. Initially, she was sentenced to serve half of a 28-month prison term and the rest on probation.
However, the Court of Appeal lowered the sentence to a suspended 14-month term. The judges described it as a “very sad case” and emphasized the need for compassion rather than punishment.
Carla Foster had ordered abortion pills by post from the British Pregnancy Advisory Service (BPAS), providing false information that led the staff to believe she was seven weeks pregnant.
Abortion is legal for up to 24 weeks, but after 10 weeks, the procedure is typically conducted in a clinic. On May 11, 2020, Foster went into labour and gave birth to a baby who was not breathing.
The baby was pronounced dead about 45 minutes later. Foster was initially charged with child destruction but later pleaded guilty to a different charge related to administering drugs or using instruments to procure an abortion.
During the Court of Appeal hearing, it was noted that detaining Foster in custody served no useful purpose, and her case had strong mitigating circumstances.
Her barrister highlighted the lack of vital reports on her mental health and the added anxiety caused by the pandemic. The court also learned that Foster was not allowed any communication with her children during her 35-day imprisonment, one of whom is autistic.
Following the verdict, the BPAS called for a change in the law and expressed delight over Foster’s release. They criticized the outdated legislation and urged reforms to prevent the unjust criminalization of women in desperate situations.
However, Right to Life UK called for the government to reject legislative changes and demanded a full inquiry into how BPAS had dispatched the abortion pills to Foster.
They argued that the tragedy highlighted the need for abortion safeguards and disagreed with campaigners who seek to extend abortion access up to birth.
Stella Creasy, a Member of Parliament, tweeted about the need for decriminalization in abortion cases and criticized the current archaic legislation.
While there is relief that Foster can now be reunited with her children, there is concern about similar cases where women in England are being prosecuted and investigated for similar offenses.
