Here’s the storify link: https://storify.com/CelticKnotTweet/foetal-alcohol-syndrome-and-criminalisation-of-pre (presentation is better and clearer in Storify where originally compiled)
Back in February I picked up on a Telegraph story ‘Drinking alcohol during pregnancy could be ruled a crime’
Drinking alcohol during pregnancy could be ruled a crime – Telegraph
However, the Criminal Injuries Compensation Authority challenged the judgment, and it was overturned in December by the upper tribunal of the Administrative Appeals Chamber. Judge Howard Levenson found that there had been “administration of a poison or other destructive or noxious thing, so as thereby to inflict grievous bodily harm”.
The case to which the story was linked was soon located:
CICA v FTT and CP (CIC)  UKUT 638 (AAC) (18 December 2013)
1. This application succeeds. Pursuant to the judicial review jurisdiction of the Upper Tribunal and in accordance with the provisions of sections 15 to 18 of the Tribunals, Courts and Enforcement Act 2007 I make a quashing order in respect of the decision of the First-tier Tribunal (Social Entitlement Chamber) sitting in Manchester to allow an appeal against the decision of the Criminal Injuries Compensation Authority (“CICA”) not to make an award.
Some commentary from that time:
An interesting case, though I would have assumed it would fall down in exactly that spot
I think argument would have a fighting chance in the US, I hope not here.
I think they already do incarcerate in US for this. But unborn child clearly not person in UK
I picked up on a news story about the US angle:
Pregnant, and No Civil Rights
WITH the success of Republicans in the midterm elections and the passage of Tennessee’s anti-abortion amendment, we can expect ongoing efforts to ban abortion and advance the “personhood” rights of fertilized eggs, embryos and fetuses. But it is not just those who support abortion rights who have reason to worry.
TwitLonger – When you talk too much for Twitter
“Neither the woman nor her baby survived.” @birthrightsorg “Based on the belief that he had an obligation to give a fetus a chance for life, a judge in Washington, D.C., ordered a critically ill 27-year-old woman who was 26 weeks pregnant to undergo a cesarean section, which he understood might kill her.”
Pretty much don’t go to Tennessee, Iowa, Utah, Louisiana, Florida or South Carolina if you’re a woman of child-bearing age.
Here’s some of the reporting in advance of the Court of Appeal judgment:
Drinking while pregnant could become criminal offence, say women’s charities
A council is seeking criminal injuries compensation for a six-year-old girl with “growth retardation” caused by her mother’s alcohol consumption during pregnancy. If the court rules the woman committed a crime it could pave the way for pregnant women’s behaviour to be criminalised, according to the British Pregnancy Advisory Service (bpas) and Birthrights.
Hearing today in Foetal Alcohol Syndrome case
The Court of Appeal hears the case of CP v Criminal Injuries Compensation Authority today. It will be considering whether consumption of alcohol during pregnancy can constitute the crime of poisoning. Birthrights and the British Pregnancy Advisory Service (bpas) have provided written submissions to the Court to highlight the serious potential consequences for women’s health and autonomy.
This woman allegedly drank 40-57 units of alcohol a day while pregnant
Lawyers for a council in the North West of England are seeking compensation for a seven-year-old girl known as child ‘CP’ with “growth-retardation” allegedly caused by her mother’s excessive drinking while pregnant. The mother was described as drinking “an enormous amount” while carrying the child, including half a bottle of vodka and eight cans of strong lager a day.
Here’s the judgment itself:
CP -v- CICA
New search] [ Printable PDF version] [View ICLR summary: WLR(D) 520] [ Help] IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER) JR/1201/2011,  UKUT 638 (AAC) Lord Justice Treacy : Introduction The issue raised in this appeal concerns the ability of a
And commentary on it from :