Man and woman accused of concealing baby's birth and disposing of body appear in court

A man and a woman are to face trial over allegations relating to illegally aborting a baby.

Elliot Benham and Sophie Harvey, who are both 23, are jointly accused of procuring a poison to cause a miscarriage, concealing the birth of a child, and intending to pervert the course of justice by disposing of the baby’s body.

Harvey has also been charged with procuring her own miscarriage by poison or use of an instrument.

The offences are alleged to have taken place between September 1 and December 1 2018.

During a brief hearing at Gloucestershire Magistrates’ Court in Cheltenham, the defendants spoke only to confirm their names, addresses and dates of birth. They did not enter pleas to the charges they face.

Sue Gethin, prosecuting, asked for the case to be transferred to Gloucester Crown Court due to the serious nature of the offences.

Paul Gilmartin, defending, told the court: “Both deny any unlawful acts. That’s all I can say at this stage.”

Gloucestershire Police searched locations in Swindon and Cirencester as part of the investigation in September 2020.

Abortions are legal in England up to 24 weeks’ gestation if carried out by a registered medical practitioner, and can be carried out beyond 24 weeks in very limited circumstances.

It is alleged that in this case, the pregnancy was past 24 weeks and was not carried out by a medical practitioner.

Causing your own abortion was criminalised under the Offences Against the Person Act 1861.

Benham, of Wingfield in Swindon, and Harvey, of St Mary’s Road in Cirencester, were released on conditional bail and told to appear at Gloucester Crown Court on 3 February.

District Judge Nicholas Wattam said: “This case is serious and has to go to the crown court for trial.

"The next court date will be February 3. You must attend. I am going to release you on conditional bail.”