Women Still Arrested Over Abortion in England Despite Decriminalisation Vote

The right to reproductive healthcare remains a contested space in England, even after a parliamentary vote last June intended to decriminalize abortion access. Despite the legislative shift, vulnerable women are still being arrested and investigated by police on suspicion of illegal terminations, raising serious concerns about the practical impact of the new law and the potential for continued harm. Recent freedom of information requests reveal arrests made by both Nottinghamshire and Metropolitan police forces between June of last year and January of this year.

The Disconnect Between Law and Practice

Last June’s vote in the House of Commons, passing with 379 votes in favour and 137 against, represented what many hailed as the biggest step forward for reproductive rights in England and Wales in six decades. The amendment to the Crime and Policing Bill, championed by Labour backbencher Tonia Antoniazzi, aimed to remove criminal penalties for women seeking abortions outside the established legal framework. However, the legislation is still navigating the parliamentary process and has not yet become law. This interim period is proving problematic, as police forces appear to be operating under the previous legal interpretations.

The cases emerging highlight the distress and potential for injustice. One particularly troubling instance involved a woman who attended a hospital and subsequently miscarried at approximately 17 weeks gestation. Following examination, tablets were discovered vaginally, prompting police intervention. Officers arrested the woman within the hospital’s delivery suite and proceeded to search her home while she remained on the labour ward. This woman, who denied seeking an abortion, had underlying health conditions – unstable diabetes – that require careful management, and police confiscated devices crucial for monitoring her condition and administering insulin. She reported feeling betrayed by both the NHS and the police, and expressed a loss of trust in these essential services. A clinician involved in her care expressed shock at the response, stating they had expected support and protection for the patient, not arrest.

Beyond Arrests: Reported Cases and Safeguarding Concerns

The documented arrests represent only a portion of the issue. Abortion providers report awareness of several additional cases that haven’t surfaced in official data, either because police forces refused to disclose information or reported no arrests under the relevant legislation. Another case involved a woman in her 40s arrested over Christmas after delivering a foetus at approximately 24 weeks gestation. She had initially believed she was very early in her pregnancy and called for an ambulance when she began experiencing complications. Paramedics found her hyperventilating and panicked, and professionals raised significant safeguarding concerns, noting a history of domestic abuse. The woman’s children were forced to leave their home over the Christmas period while police conducted a search, potentially disrupting their holiday and causing further trauma.

These incidents underscore a pattern of disproportionate police involvement in deeply personal and often vulnerable situations. As Antoniazzi stated, the current situation reflects a “dystopian treatment of women” under a “Victorian-era law” that has no place in modern society. She argues that the police and criminal justice system are ill-equipped to handle matters related to abortion, and that criminalization is unnecessary for upholding existing safeguards.

The Role of Coercive Control and Vulnerability

A recurring theme in these cases is the vulnerability of the women involved. One instance involved a young mother living in a deprived area, described as “vulnerable” and “at high risk of being in an abusive relationship.” She sought an abortion from the NHS over Christmas in 2025 and delivered a foetus initially estimated to be around 16 weeks. Despite the foetus being within the legal time limit for abortion, the NHS reported the case to the police, and a postmortem was ordered. This highlights a concerning tendency to focus on the woman rather than investigating potential coercive control or abuse that may have contributed to her situation. The changes to abortion laws were intended to address these inequities, but implementation remains a challenge.

What the Experts Say: Investigations Cause Harm

Experts emphasize that the investigations themselves are often more damaging than any potential legal repercussions. Jonathan Lord, co-chair of the RCOG (Royal College of Obstetricians and Gynaecologists) abortion taskforce, notes that investigations rarely lead to charges or prosecutions, but consistently cause significant harm to women. He points out that police and Crown Prosecution Service (CPS) often focus solely on the woman, failing to investigate potential abuse by a coercive partner. Harriet Wistrich, solicitor and chief executive of the Centre for Women’s Justice, highlights the trauma of being arrested immediately after an abortion, when women are at their most vulnerable. She argues that, given the House of Commons’ clear stance on decriminalization, prosecutors should exercise discretion and refrain from pursuing these cases.

Ongoing Debate and Future Steps

The debate surrounding abortion law is far from settled. Amendments to the legislation are currently being debated in the House of Lords, with peers proposing changes ranging from striking out the decriminalization clause to pardoning women previously convicted and halting ongoing investigations. Reproductive healthcare organizations, like MSI Reproductive Choices UK, are advocating for a complete end to the threat of prosecution, pardon for past convictions, and the cessation of current investigations. Parliamentary proceedings will be crucial in determining the future of abortion access in England and Wales.

The National Police Chiefs’ Council (NPCC) maintains that police do not routinely investigate unexpected pregnancy loss, and that investigations are only initiated when there is credible information suggesting criminal activity, often prompted by concerns raised by medical professionals. They emphasize that each case is assessed individually and investigated with sensitivity and compassion. However, the recent arrests and reported cases suggest a need for clearer guidance and training for police forces to ensure that their actions align with the spirit of the legislative changes and prioritize the well-being of vulnerable women.

Looking ahead, the focus must be on ensuring that the decriminalization of abortion translates into tangible improvements in access to care and protection for women. This requires not only legislative reform but also a shift in attitudes and practices within law enforcement and the healthcare system. The upcoming debate in the House of Lords represents a critical opportunity to solidify these protections and ensure that reproductive rights are fully respected in England and Wales. Recent scrutiny of data handling within Nottinghamshire Police, stemming from a separate maternity scandal investigation, further underscores the need for robust oversight and accountability within the force.