CAMPAIGNERS have called on Police Scotland to reject controversial new guidelines that could subject women experiencing pregnancy loss to “invasive” criminal investigations.
Women’s rights and human rights groups have condemned the UK National Police Chiefs' Council (NPCC) guidance on child death investigation as "disgraceful" and "misogynistic by design."
The updated guidance encourages police to carry out what have been branded “deeply intrusive investigations” into any unexpected pregnancy loss.
It includes instructions on seizing women’s digital devices to examine search histories and fertility app data, as well as advice on accessing medical records without a court order.
Earlier this week, the UK Parliament voted to halt criminal sanctions against women for terminating their own pregnancies via backing an amendment to the Crime and Policing Bill.
However, as this legislation only relates to England and Wales, a lack of clarity remains on whether these guidelines could still apply or be used in Scotland, campaigners say.
A group of 29 organisations have now written to Chief Constable Jo Farrell calling on Police Scotland to reject the new guidelines.
The executive director of Engender, Catherine Murphy (below), said: “Women now find themselves in the perilous situation where the laws governing abortion in Scotland have not kept up with advancements like abortion medicines and reproductive tracking apps.
"The NPCC guidance describes women being targeted as ‘criminal suspects’ during one of the most sensitive and vulnerable experiences of their lives – pregnancy loss. It's unconscionable."
The Royal College of Obstetricians and Gynaecologists described the guidance as "shocking," and clinicians warn it creates a "climate of fear" among healthcare staff.
"Women experiencing pregnancy loss need compassionate care, not criminal investigation," said Dr Sinead Cook, chair of the Faculty of Sexual and Reproductive Healthcare, Scotland Committee.
“These methods violate fundamental rights to dignity, privacy and healthcare."
The letter warns that marginalised communities – including those in poverty, women of colour, disabled women, migrants, young women, LBT+ people, and those in rural areas – would be disproportionately impacted by such investigations.
"Police Scotland has a choice," said Jill Wood, policy manager at Engender.
"They can follow the lead of health experts and human rights bodies, or they can adopt guidance that will cause demonstrable harm to women in Scotland. We urge them to choose compassion over criminalisation."
Police Scotland said: "We have received correspondence and will reply in due course".
