Consuming alcohol in the course of pregnancy could be ruled a crime

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 discovered that there had been “administration of a poison or other destructive or noxious thing, so as therefore to inflict grievous bodily harm”.

However, he concluded that the lady was “not a person” in legal terms at the time due to the fact she was nonetheless a foetus.

The judge added: “I conclude that the segment 23 offence can not be committed by a pregnant woman drinking alcohol during her pregnancy and therefore leading to damage to her unborn child and that, in the present case, no proof or argument has been provided in respect of the commission of any other offence.”

Now the council in north-west England which brought the unique application for compensation on behalf of the woman, who is now in foster care, is getting ready to consider the situation to the Court of Appeal, The Sunday Instances reported.

Neil Sugarman, a managing spouse at GLP Solicitors in Greater Manchester, who is handling the situation, told the paper: “Sadly, we act for numerous, many kids who have been damaged by excessive alcohol consumption in the course of pregnancy. We had been approached by a neighborhood authority with accountability for a youngster quite badly damaged as a consequence of foetal alcohol spectrum disorder.

“They considered creating an application under the criminal injuries compensation scheme simply because they believed there was an argument that the youngster had been damaged by becoming victim of a crime. The crime currently being the birth mother carrying on consuming realizing that it could damage the kid.”

He added: “In all the circumstances we have, there is excellent evidence that warnings have been offered either by social workers or treating consultants and nurses to say, ‘you are not able to go on carrying out this, you are going to damage your child’.”

Consuming alcohol in the course of pregnancy could be ruled a crime