After years of campaigning, England and Wales have officially decriminalised abortion for women in a “landmark moment” as part of proposed changes to the Crime and Policing Bill.
The government has now formally done away with the ancient Offences Against the Person Act from 1861 and the Infant Life (Preservation) Act of 1929, both of which saw women and girls open to arrest, investigation or prosecution in relation to procuring an abortion for themselves. Recent years have seen a worrying increase in criminal cases, after minimal incidences for decades, as more anti-abortion groups receive funding in the UK.
Women and girls who have been previously convicted or jailed in relation to an abortion outside of the legal framework will receive a pardon (although this won’t happen immediately; the government will be required to enact this in future and it is expected to take place over the next year).
The change sees English and Welsh law more closely resemble legislation seen in Canada, Denmark, Sweden, France and New Zealand and will keep the existing legal framework intact – meaning doctors or abusive partners acting unlawfully could still face consequences. The British Medical Association said the change was “long overdue” when MPs initially voted in favour to decriminalise abortion last June.
In recent years, abortion care providers, such as the British Pregnancy Advisory Service (BPAS) and MSI Reproductive Choices, along with the Royal College of Obstetricians and Gynaecologists and over 20 women’s organisations as well as Cosmopolitan UK, have been sounding the alarm over a sudden rise in police investigations into extremely vulnerable women suspected of having had an abortion outside of the legal time limit of 23 weeks and 6 days.
The vast majority of abortions happen via medication, many following a remote telephone consultation, which is a suitable option for up to ten weeks.
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Abortions that occur beyond 10 weeks happen surgically and are often due to complex medical reasons, or because the mother has been in distressing circumstances and/or unable to seek the care needed sooner.
The rule change does not alter the time limit guidelines in any way, despite false reports claiming that decriminalisation means ‘abortion is now legal up until birth’ in England and Wales. Medical professionals remain liable, should they knowingly carry out an abortion outside of this strict limitation.
One lawyer, Shila Keshvari, from the firm Edward Fail, Bradshaw and Waterson Solicitors, says she has worked with dozens of women and girls on a pro-bono basis who have been investigated following the end of a pregnancy. “The youngest girl I’ve spoken to was 15, the oldest was about 44.
“The main horror stories were in how the police approached these women. I remember it being lockdown and I was taking most of these calls quite late at night, because if you're the victim of domestic violence or abuse access to your phone is very limited. Some of the women were [asking] ‘What happened? Why am I being arrested when I didn't know I was over my gestation period?’.”
Speaking as the law change was formally announced, Louise McCudden, MSI Reproductive Choices’ Head of Advocacy and External Relations, told Cosmopolitan UK, “This is a landmark moment for women in England and Wales and a decisive shift to a more compassionate society.
“From today, women will no longer fear prosecution for ending their own pregnancies. Women will no longer need to fear prosecution as they navigate what can be incredibly difficult personal circumstances, with the most intimate details of their lives and medical history interrogated, sometimes in public. Women will be able to seek advice and support without the threat of prison hanging over their heads.”
She added that for many, this reform will be life-changing. “For those previously convicted, pardons represent the long-overdue recognition that they should never have been criminalised in the first place. While no reform can undo what they went through, this is a meaningful step towards justice.”
McCudden also sought to highlight other recent reforms coming out of Parliament around abortion, including the pills-by-post telemedicine option introduced during the pandemic becoming a permanent option and buffer zones being introduced outside clinics, to protect staff and patients.
Heidi Stewart, BPAS' Chief Executive, celebrated the end of criminalisation by telling us, “After years of women facing police investigations, arrests from hospital wards, home searches and even prosecution under Victorian-era abortion laws, this is a profound and long-overdue change.
“This is a decisive step towards a system that treats abortion as healthcare, not a criminal matter, and one that finally begins to address the harm caused by these outdated laws.”
Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
