Prosecution for aborting baby brought under Victorian-era law The sentencing judge, Mr Justice Cooke, observed that because the child was so close to being born, Catt's actions were more serious than manslaughter, where there is no intention to cause death, or any other criminal offence apart from murder. Catt was first arrested by police in September 2010 on suspicion of destruction of a child that could have been born alive, an offence under the 1929 Infant Life (Preservation) Act. This charge, which also carries a potential life sentence, is brought on the basis that any unborn baby who has passed the 28-week stage is capable of survival. A legal defence to the 1861 and 1929 crimes was provided under the 1967 Abortion Act, which in practice allows abortions to be carried out up until the 24-week point with the approval of two doctors and later if there are serious medical risks to continuing with the pregnancy. The Victorian-era offence of administering drugs to procure a miscarriage was also used recently in the high-profile prosecution of a doctor who unsuccessfully tried to poison his lover in a bid to abort her unborn baby. Edward Erin, a former chest consultant at St Mary's Hospital in Paddington, west London, was jailed for six years in 2009 for attempting to give Bella Prowse miscarriage-inducing drugs by spiking her drinks with ground-up tablets.