English police organization responds to criticisms over abortion investigations
Officials with the National Police Chiefs’ Council contend that they do not routinely investigate pregnancy loss. Only do so when they suspect a crime has occurred.
As part of my continued coverage of the situation in England, I reached out to law enforcement there to get their perspectives on the investigations and prosecutions of women for criminal abortion.
In the country, there have been six prosecutions of women who took abortion medication. Abortion clinics there communicated with activist leaders and told them that they had been contacted more than 100 times as police investigated. One Englishwoman was convicted and sentenced to 18 months in prison for criminal abortion. She had her sentence commuted, but she served time, which is the more critical point.
I received a response from the National Police Chiefs’ Council, which is a national coordinating body for senior police officers in the UK. Here’s what they said:
“Police do not routinely investigate unexpected pregnancy loss. An investigation is only initiated where there is credible information to suggest criminal activity, and this would often be because of concerns raised from medical professionals. Each case would have a set of unique factors to be assessed and investigated depending on its individual circumstances.
“It would be at the discretion of the senior investigating officer leading the case to determine which reasonable lines of enquiry to follow, again depending on the merits of the specific case.
“We recognise how traumatic the experience of losing a child is, with many complexities involved, and any investigation of this nature and individuals, will always be treated with the utmost sensitivity and compassion.
“It is important to stress that due to the individuality of each case, there is no standardised policy to investigate illegal abortions and that police will always work closely with health partners to prioritise the welfare of everyone involved.”
The email I received also included several other points the organization used to defend some of its members. Here are some bullet points they gave about the guidance they provide officers in dealing with reports of pregnancy loss:
The legislation in this area is complex and differs across the UK. Following a recent change in law that permits at-home abortions to terminate early pregnancies, there has been a small increase in reports to police of suspected illegal terminations.
To bring consistency to how and when police approach illegal termination of pregnancy, the NPCC issued guidance to forces, with the purpose of educating officers and investigators to ensure investigations are proportionate, in line with legislation and conducted as sensitively as possible.
The guidance is intended to avoid the unnecessary criminalisation of women at a difficult and often traumatic time in their lives.
Whilst recognising that in some cases where criminality has been reported an investigation may need to be conducted, officers are urged to prioritise the physical, emotional and psychological needs of the woman, and where appropriate the baby, over the requirement to investigate.
In addition, the guidance urges investigators to recognise that those making the decision to end a pregnancy could be vulnerable and in need of support. The gathering of evidence in these sensitive cases must extend to fully understanding the backgrounds and lived experience of those involved to make an informed decision about whether an investigation is necessary and proportionate.
This should include whether the decision to seek the termination of the pregnancy outside of the legally permitted circumstances was impacted by:
The woman having a physical, mental or learning disability, or suffering from mental ill-health.
A lack of knowledge of the availability and access to abortion services, or previous negative experiences with healthcare or other public services.
The woman being subjected to pressure either towards or away from abortion, either directly by other people, or more generally through societal, religious or cultural pressures.
A woman’s reliance on a partner or partner’s family for financial support, isolation from people outside their immediate family or community, fears associated with insecurity or uncertainty of immigration status and language barriers.
The nature and status of the relationship between the woman and the father, and any history of domestic violence, emotional abuse and/or controlling and coercive behaviour.
I reported last week about how Parliament is attempting to reform its laws after a woman faced life imprisonment for self-managing an abortion. Here’s that story, and here’s another one about the woman who was prosecuted.
I will cover these events as they occur in the coming year. Anyone who wishes to respond to law enforcement’s statements on this matter can email me at codymcdevitt@gmail.com.