Women who suffer stillbirths could face police searches

Telegraph

18-05-2025

Women could face police searches for abortion drugs after stillbirths, according to new guidance.
Police chiefs' advice says officers can search for 'drugs that can terminate pregnancy' or look for menstrual cycle tracking apps in cases involving unexplained pregnancy loss.
The guidance replaces a 2014 document that talked through investigating women who may have had an illegal abortion, but did not mention stillbirths.
The National Police Chiefs' Council (NPCC), which issued the guidance, says an investigation would only be launched where there is 'credible information to suggest criminal activity' has taken place, adding that such cases were rare.
The guidance, which was published in January and first reported by The Observer newspaper, says evidence of knowledge and intention relating to the pregnancy can be found through digital evidence.
'The seizure and examination of digital devices used by the woman during her pregnancy should be considered,' it said.
'Internet search history, digital communications with third parties, and health apps such as menstrual cycle and fertility trackers may all provide information to help investigators establish a woman's knowledge and intention in relation to the pregnancy.'
The guidance states that illegal abortions are reported to police in 'a variety of circumstances' and lead investigators could be presented with reports of unattended stillbirths.
The advice says that searches of 'relevant premises' should be considered if abortion drugs have been used illegally.
'The search objectives will be dependent on the information forming the basis of the cause for concern but will likely need to include abortifacient(s), packaging, documentation and empty medication blister packs', it says.
The guidance lists types of drug and brand names, adding that they can be bought online. It states that providing doctors treating the woman involved with information on drugs discovered must take priority over forensic analysis.
'Where any abortifacient medications or substances are recovered during a search it is vital that the lead investigator ensures medical professionals providing care to the woman (and in the case of a live birth, the baby) are informed as it may inform treatment,' it says.
'Where necessary the need for urgent toxicological examination of medications or substances recovered for the purposes of effective medical treatment must take precedence over the forensic or evidential value of the items.'
Abortion law is based on the Offences Against the Person Act of 1861. In recent years increasing numbers of women have been investigated and prosecuted under this legislation.
Women can end their pregnancies under medical supervision up to 24 weeks, or beyond in certain circumstances, under the Abortion Act of 1967.
Dr Ranee Thakar, president of the Royal College of Obstetricians and Gynaecologists, criticised the new guidance.
She told The Observer: 'The new guidance is shocking. Women in these circumstances have a right to compassionate care and to have their dignity and privacy respected, not to have their homes, phones, ­computers and health apps searched, or be arrested and interrogated.'
Some abortion providers and medical professionals said they were not consulted over the NPCC guidance and called for it to be changed.
Katie Saxon at BPAS, a leading abortion provider, said she was aware of an increase in police investigating abortions in recent years and that it was 'harrowing' to 'see it in black and white after years of criticisms of the way this outdated law is enforced'.
She added: 'This [NPCC] guidance was written at the same time as unprecedented threats to global abortion rights and while parliament was set to consider decriminalising abortion. To write it without public conversation or discussion with experts shows just how detached from reality the NPCC is.'
It comes after a woman who was in a BDSM relationship with a married couple was cleared of illegally aborting her baby.
Nicola Packer, 45, was acquitted by jury of 'unlawfully administering to herself a poison or other noxious thing' with the 'intent to procure a miscarriage'.
A National Police Chiefs' Council spokesperson said: 'Unexpected pregnancy loss is not something which is routinely investigated by police as potential illegal abortion, and these are very rare. We recognise how traumatic the experience of losing a child is, with many complexities involved, and any investigation of this nature will always be treated with the utmost sensitivity and compassion.
'An investigation would only be initiated where there is credible information to suggest criminal activity and this would often be as a result 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, which may include toxicology or digital data – again depending on the merits of the specific case.
'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, prioritising the welfare of everyone involved.'