Abortion Law Change: Calls to Pardon Women Criminalised in England & Wales

The House of Lords is set to consider amendments to legislation that could end the criminalisation of women undergoing abortions in England and Wales, and offer redress to those already prosecuted. The debate, scheduled for Wednesday, centers on proposals to halt ongoing police investigations into suspected illegal abortions and to pardon women who have previously been convicted under existing laws. This follows a vote in the House of Commons last summer to end the criminalisation of women who terminate pregnancies outside the legal framework, a move campaigners say is a crucial step towards modernising reproductive healthcare policy.

The Scope of Criminalisation and its Impact

For decades, abortion law in England and Wales has carried the potential for criminal charges, even as access to legal abortion services has expanded. The current legal framework, stemming from the 1967 Abortion Act, allows for terminations up to 24 weeks of pregnancy, and in certain circumstances beyond that point. However, women who seek abortions outside of these parameters, or who self-manage abortions at home, have faced investigation and prosecution under the Offences Against the Person Act 1861, which carries a potential sentence of up to three years in prison. This has led to a situation where women, often already vulnerable, are subjected to intrusive investigations and potentially life-altering criminal records.

The case of Becca, a 21-year-old woman from the north of England, highlights the harsh realities of this system. As reported by The Guardian, Becca was unaware she was six months pregnant and took abortion pills obtained from a clinic. When she didn’t experience expected bleeding, she sought help at a hospital, truthfully disclosing her actions. She was subsequently arrested on suspicion of attempted child destruction, a charge that carries significant legal and social consequences. Her partner was as well arrested. While the investigation was eventually dropped after 15 months, Becca now faces the prospect of disclosing her arrest on background checks for employment, potentially impacting her future career aspirations, particularly in healthcare fields like nursing or midwifery.

Addressing Past Injustices: The Call for Pardons

Campaigners argue that the potential for ongoing repercussions for women like Becca underscores the urgent need for both legislative change and retrospective justice. The proposed amendments before the House of Lords include provisions for pardoning women who have already been convicted under the outdated abortion laws. This would involve expunging their criminal records, removing a significant barrier to employment, education, and other opportunities. As Nikki Packer, who was cleared of carrying out an illegal abortion last year, stated, the time spent under investigation is “ruining lives.”

The Role of Disclosure and Barring Checks

A particularly concerning aspect of the current system is the impact of arrests – even without conviction – on Disclosure and Barring Service (DBS) checks. These checks are routinely required for employment in various sectors, including healthcare, education, and social care. An arrest record, even if the case was dropped, can raise red flags for employers and create significant obstacles for individuals seeking to rebuild their lives. The proposed changes aim to address this by ensuring that past investigations do not continue to haunt women years after the fact.

Expert Perspectives and Calls for Change

Medical professionals are also advocating for legislative reform. Dr. Alison Wright, president of the Royal College of Obstetricians and Gynaecologists, has called on peers to support the amendments, emphasizing the need to ensure women are not at risk of investigation or prosecution for healthcare decisions. The Royal College also stresses the importance of addressing the harm already caused by past prosecutions, advocating for pardons for women previously convicted under outdated laws. The British Pregnancy Advisory Service (BPAS) echoes this sentiment, arguing that pardoning women and expunging their records would acknowledge the injustice of criminalising abortion in the first place. UK Parliament provides further information on the legislative process and the role of the House of Lords.

What the Amendments Entail

The amendments currently before the House of Lords consist of two key proposals. The first seeks to end active police investigations into suspected illegal abortions. This would prevent further women from experiencing the trauma and disruption of a criminal investigation. The second proposes a pardon for women who have already been criminalised, offering a path towards clearing their names and removing the lasting consequences of past convictions. Lib Dem peer Elizabeth Barker, who has put forward one of the amendments, highlighted the cruelty of requiring women to explain their criminal records – even for something as personal and sensitive as an abortion – on DBS checks and even when renewing car insurance.

Understanding the Legal Framework

The current legal landscape surrounding abortion in England and Wales is complex. While the 1967 Abortion Act legalised abortion under certain conditions, it did not fully decriminalise the act itself. This has left a loophole that has been exploited to prosecute women who seek abortions outside of the legal framework. The proposed amendments aim to close this loophole and bring the law into line with modern values and medical practice.

The Next Steps in the Legislative Process

The House of Lords debate on Wednesday represents a critical juncture in this legislative process. If the amendments are approved, they will be sent back to the House of Commons for consideration. The Commons could either accept the amendments, reject them, or propose further changes. The final outcome will depend on the willingness of both houses of Parliament to reach a consensus on this sensitive and essential issue. Following the parliamentary process, any changes to the law would require implementation guidance to be issued to police forces and other relevant agencies, ensuring that the new legislation is applied consistently and fairly.

the goal is to create a system that prioritises the health and well-being of women, respects their autonomy, and ensures that they are not subjected to criminal sanctions for making deeply personal healthcare decisions.