By law, abortion is only legal for up to 24 weeks of pregnancy with an additional requirement that pregnancies beyond 10 weeks be carried out in a clinic.

Prosecutors in her case argued that the Staffordshire mother of three sons had provided false information knowing she was over the time limit and had made online searches related to the pregnancy - indicating careful planning. 

The court heard that she had searched “How to hide a pregnancy”, "how to have an abortion without going to the doctor" and "how to lose a baby at six months" between February and May.

In her defence, lawyers argued that lockdown and minimising face-to-face appointments had changed access to healthcare and so instead she had to search for information online.

"The defendant may well have made use of services had they been available at the time," said her barrister Barry White. "This will haunt her forever."

Having taken abortion pills, Foster made an emergency call on 11th may, 2020 saying she was in labour. She said the baby was born not breathing and was confirmed dead 45 minutes later while she was still on the call.

A post-mortem report indicated the baby girl’s death was as a result of a stillbirth induced by abortion drugs. She was estimated to be between 32 and 34 weeks' gestation.

The court also heard that Foster had moved back in with her estranged partner at the start of lockdown while carrying another man's baby - which the judge accepted as reasonable cause for “emotional turmoil”.

She was initially charged with child destruction, which she denied but later pleaded guilty to an alternative charge of section 58 of the Offences Against the Person Act 1861, administering drugs or using instruments to procure abortion, which was accepted by the prosecution.

Foster’s sentence has sparked outrage and outcry from women's rights organisations and campaigners.

The British Pregnancy Advisory Service (BPAS) said the sentencing was based on archaic law while Labour MP, Stella Creasy called for "urgent reform".