New guidance states that police officers are entitled to search for “drugs that can terminate pregnancy” or examine menstrual tracking apps following unexplained stillbirths. Though the guidance went live in January, it went relatively under-the-radar until The Observer published an article shedding light on how the advice will be implemented. “The seizure and examination of digital devices used by the woman during her pregnancy should be considered,” the guidance reads, adding, “Internet search history, digital communications with third parties, and health apps such as menstrual cycle and fertility trackers may all provide information to help investigators establish a woman’s knowledge and intention in relation to the pregnancy.”

The new guidance, issued by the National Police Chiefs’ Council (NPCC) replaces a 2014 document about the protocol for investigating suspected illegal abortions in the UK — that guidance did not mention stillbirths. The NPCC noted that the new guidance was intended for rare cases in which there was “credible information to suggest criminal activity.”

Abortion can still be technically considered a crime in the UK, if the abortion is after the 24 weeks mark or has not been ‘authorised’ by two doctors. Those who don’t meet this criteria may face life in prison. Abortion laws are based around the Offences Against the Person Act 1861. The Abortion Act, introduced in 1967 made abortion legal in certain circumstances.

Many are critical of the new police guidance. Dr Ranee Thakar, president of the Royal College of Obstetricians and Gynaecologists, for one, told The Observer: “The new guidance is shocking. Women in these circumstances have a right to compassionate care and to have their dignity and privacy respected, not to have their homes, phones, ­computers and health apps searched, or be arrested and interrogated.”

Meanwhile, Katie Saxon at BPAS, a leading abortion provider, said: “This [NPCC] guidance was written at the same time as unprecedented threats to global abortion rights and while parliament was set to consider decriminalising abortion. To write it without public conversation or discussion with experts shows just how detached from reality the NPCC is.”

The new guidance is particularly upsetting considering the harrowing impact of losing a child in a stillbirth.

A National Police Chiefs’ Council spokesperson justified the new guidance, explaining, “Unexpected pregnancy loss is not something which is routinely investigated by police as potential illegal abortion, and these are very rare. We recognise how traumatic the experience of losing a child is, with many complexities involved, and any investigation of this nature will always be treated with the utmost sensitivity and compassion.

“An investigation would only be initiated where there is credible information to suggest criminal activity and this would often be as a result of concerns raised from medical professionals.

“Each case would have a set of unique factors to be assessed and investigated depending on its individual circumstances. It would be at the discretion of the senior investigating officer leading the case to determine which reasonable lines of enquiry to follow, which may include toxicology or digital data – again depending on the merits of the specific case.

“It is important to stress that due to the individuality of each case, there is no standardised policy to investigate illegal abortions and that police will always work closely with health partners, prioritising the welfare of everyone involved.”