Why was Carla Foster ever sent to prison?

Carla Foster is to be released from prison. Her 28-month sentence for illegally obtaining abortion pills and terminating a pregnancy sparked angry protests from feminists and pro-choice activists when it was handed down last month. Now, following weeks of legal dispute, the Court of Appeal has reduced her sentence to 14 months suspended. Having spent 35 days behind bars, Foster is set to be freed immediately. Good.

The Court of Appeal’s judgment is to be welcomed. It demonstrates compassion for a woman who found herself in a highly unusual and distressing situation and it allows her to be reunited with her three children. Announcing the Court’s decision, the appeal judge, Dame Victoria Sharp, declared that there was ‘exceptionally strong mitigation’ in Foster’s case and that there was ‘no useful purpose’ served by detaining her in custody.

Dame Sharp is correct: Foster’s sentence served as neither punishment nor deterrent. Nothing can turn back the clock and prevent her from becoming pregnant or resuscitate her dead baby.