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Drinking alcohol while pregnant may become criminal offence (5 November 2014)

Date: 05/11/2014
Duncan Lewis, Child Care Solicitors, Drinking alcohol while pregnant may become criminal offence

A Court of Appeal ruling could mean that women who drink alcohol while aware they are pregnant could face criminal charges.

The Yorkshire Post reports that a council in northwest England is seeking criminal injuries compensation for birth injuries suffered by a girl as a result of her mother drinking alcohol while pregnant.

The child suffers from “growth retardation” caused by exposure to alcohol in the womb. The case is being heard in the Appeal Court – and women’s charities say that a ruling in favour of the council could mean women will face criminal charges if they drink while pregnant.

Chief executive of the British Pregnancy Advisory Bureau (bpas), Ann Furedi and co-chair of the charity Birthrights, Rebecca Schiller, said:

“We should take very seriously any legal developments which call into question pregnant women’s fundamental right to bodily autonomy and right to make their own decisions.

“Pregnant women deserve support and respect, not the prospect of criminal sanction for behaviour which would not be illegal for anyone else.”

The charities say there is “continued uncertainty” over the link between drinking alcohol during pregnancy and birth injuries. The girl was born with Foetal Alcohol Syndrome, which may cause slow growth or stunted growth, facial disfigurement and intellectual impairment.

The child is now six years’ old and lawyers for the council are using the Offences Against the Persons Act 1861 to prove a criminal act was committed.

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