FOI 186653
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 186653
I write in connection with your request for information which was received on 21st July 2022. Please find below the response to your request:
I am looking for information from each police force on occasions between 2012 and 2022 (or when data is most recently available) where an individual or a number of individuals have been prosecuted in relation to an abortion or miscarriage (including third parties, such as men who have caused a woman to miscarry).
I am looking for instances where the crime was reported but not taken forward, as well as instances where a police investigation took forward and a suspect was arrested and charged.
For each case, can you please include the following:
- List the specific legislation that was used to bring forward a prosecution, such as:
- Sections 58 and 59 of the Offences Against the Person Act
- The Infant Life Preservation Act 1929
- Any other legislation used
- Anonymised details of the report.
Reply
West Mercia Police holds the information you have requested
I am looking for information from each police force on occasions between 2012 and 2022 (or when data is most recently available) where an individual or a number of individuals have been prosecuted in relation to an abortion or miscarriage (including third parties, such as men who have caused a woman to miscarry).
I am looking for instances where the crime was reported but not taken forward, as well as instances where a police investigation took forward and a suspect was arrested and charged.
For each case, can you please include the following:
- List the specific legislation that was used to bring forward a prosecution, such as:
- Sections 58 and 59 of the Offences Against the Person Act
- The Infant Life Preservation Act 1929
- Any other legislation used
- Anonymised details of the report.
There have been 8 crimes recorded. There were 2 which were prosecuted during the time period requested.
Concealing an Infant Death Close to Birth – 4 crimes
Intentional Destruction of a Viable Unborn Child – 3 crimes
Procuring Illegal Abortion – 1 crime
Case 1 – Concealing an Infant Death Close to Birth – Section 60 of the Offences Against the person Act 1861
Providing a detailed report for this has been exempted
The following exemption is applicable to the information requested:
- S.40(2) – Personal information
S.40(2) is an absolute, class-based exemption and therefore there is no requirement to evidence harm or conduct a public interest test.
This exemption is engaged where disclosure of information relates to personal data of a third party or could lead to the identification of an individual, either from that information alone or combined with other information from within the Police Service or public domain. In this case, the information you are requesting is personal data of a third party.
Such a disclosure would breach an individual’s rights under the Data Protection Act 2018, in particular Article 5(1) of the UK GDPR which states that personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. Such a disclosure would also be likely to breach s.8 Human Rights Act 1998 which states that everyone has the right to respect for his private and family life, his home and his correspondence.
In accordance with s.17(1) of the Act, this acts as a Refusal Notice.
Case 2 – Intentional Destruction of a Viable Unborn Child – Section 1(1) of the infant Life (Preservation) Act 1929
Section 17 of the Freedom of Information Act 2000 requires West Mercia Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
The exemption applicable to the information is:
Sec 21(1) Information Reasonably Accessible by Other Means
This is an Absolute, class based exemption.
The information that you require is already available https://www.bbc.co.uk/news/uk-england-25302292