Jennifer Cartwright
Over 30 medical groups in England and Wales are calling for a reform in abortion law following an “unprecedented” rise in prosecutions against women and girls who have terminated their pregnancies.
Led by the Royal College of Obstetricians and Gynaecologists, the joint letter suggests that criminal investigations of abortions cause unnecessary “trauma and cruelty” for those investigated.
“Six women in England and Wales have appeared in court for unlawfully ending a pregnancy.”
They argue: “no woman should ever face the threat of jail for seeking to end her own pregnancy.” The campaign comes almost three years after the World Health Organisation (WHO) recommended that countries remove unnecessary policy barriers to ensure safe abortion access.
THE ABORTION LAW
Since the 1967 Abortion Act, terminating a pregnancy has been legal in England, Wales, and Scotland in certain circumstances. The abortion must be approved by two doctors and be before 24 weeks. An abortion is only permitted after 24 weeks if there is evidence of severe foetal abnormality or a significant risk to the mother’s health or life. In any other circumstance, abortion is a criminal offence. It carries the risk of life imprisonment if an individual is found guilty.
RISE IN INVESTIGATIONS AND CONVICTIONS
Over the past two years, six women in England and Wales have appeared in court for unlawfully ending a pregnancy. Only three women have been convicted under the 1867 Offences Against the Persons Act in the past twenty years.
In May 2024, Sophie Harvey, 25, and her partner Eliot Benham, went on trial for “procuring and administering” abortion pills with the intent to cause miscarriage. The couple, who were 19 at the time, accepted they had bought abortion pills but denied ever taking them.
“Only 52 per cent support decriminalisation.”
The case has since been dropped by the Crown Prosecution Service as it is “not in the public interest to procure further charges.” Dozens of other women have been investigated by police. Dr Jonathan Lord, Medical Director for MSI Reproductive Choices, one of the UK’s largest abortion providers, has described the dramatic increase in investigations as “a national scandal.”
“Nigel Farage has questioned if the 24-week abortion limit is too lenient.”
One woman – whose baby briefly was not breathing after a premature home birth – faced a year-long investigation where she felt treated like a “criminal”. This was because she had searched up abortion pills during the term of her pregancy. However, she had not gone through with any procedure or abortion medication.
ABORTION LAW: A DIVISIVE ISSUE
Abortion is a contentious issue across the UK. While an estimated 87 per cent of Britons believe abortion should be allowed, only 52 per cent support decriminalisation. In late 2023, Labour MPs Dame Diana Johnson and Stella Creasy tabled an amendment to the Criminal Justice Bill. This was to stop anyone facing prosecution for ending a pregnancy in England and Wales. However, the 2024 election stalled any debate.
“Decriminalisation doesn’t mean deregulation.”
Reform UK leader Nigel Farage questions if the 24-week abortion law limit is too lenient and should be reduced. Farage said amending the limit would be a “worthy” debate in parliament.
WHAT DOCTORS HOPE TO CHANGE
The 33 medical groups, including the British Medical Association and Faculty of Public Health, want abortion to be treated as a healthcare issue rather than a legal one. They request that all parties commit to parliamentary time for abortion reform.
Claire Murphy, former Chief Executive of the British Pregnancy Advisory Service, has said the current law “puts women at risk” and “has to change.” She said that “decriminalisation doesn’t mean deregulation”. However she believes it does mean increasing support for those who find themselves in the difficult circumstance of unexpected pregnancy.
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Featured image courtesy of Christian Bowen on Unsplash. No changes were made to this image. Image license can be found here.
