Late abortion or neonatal death – a time for empathy, a time for reform

Mary Welstead Visiting Professor in Family law University of Buckingham

An analysis of recent cases involving abortion and infanticide reveal the antiquated approach on which the current laws are based. Women today remain at risk of prosecution ‘witch hunts’. Police guidelines allow searches of women’s homes and phones for evidence of self-abortion or neonatal killing. Prosecutions for offences have increased between 2019–2023. Normally if women are found guilty they receive a judicial lecture followed by imprisonment which may be for a significant period. Empathy and understanding tend to be absent (see eg Carla Foster (2023); Hannah Cobley (2021); Constance Marten (2025)). Nicola Packer Jessica Cooper and Sebastian Bowerman remain the exceptions. The former was acquitted by a jury whilst...