Pair charged with disposing of dead baby after police launch ‘murder’ probe

A police tent in the garden of Benham's home in Wingfield, Swindon in 2020

A man and woman have been charged with causing a miscarriage and disposing of a dead baby.

Gloucestershire Constabulary launched a murder investigation, searching two houses – in Swindon and Cirencester – for evidence in September 2020.

Both properties forensically examined belonged to the co-accused – Elliot Benham, 23, of Wingfield, Swindon, and Sophie Harvey, 23, St Mary’s Road, Cirencester.

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The pair have been jointly charged with:

1. Procure a poison / noxious thing to cause a miscarriage, contrary to Section 59 of the Offences Against the Person Act 1861;

2. Concealment of the birth of a child, contrary to Section 60 of the Offences Against the Person Act 1861;

3. Commit an act with the intent to pervert the course of public justice contrary to common law, namely disposing of the body of a baby.

In addition to the aforementioned, Harvey was also charged with procuring her own miscarriage by poison/use of an instrument, contrary to Section 58 of the Offences Against the Person Act 1861.

Police at the home of Harvey in St Mary’s Road, Cirencester, in 2020

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

The ‘Offences Against the Person Act 1861′ states it is a criminal offence to try to cause your own abortion.

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

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

Benham and Harvey were released on bail to attend Cheltenham Magistrates’ Court on Thursday 5 January.

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