More than 30 organisations are urging parliament to remove the threat of criminal investigation and prosecution for women who end their own pregnancies in England and Wales.
A joint statement, signed by leading abortion care providers and institutions including the British Medical Association, Women’s Aid, and the Royal College of Gynaecologists, asks politicians to relook at the law to prevent women who are suspected of ending their own pregnancy outside of the legal abortion limits, from being criminally pursued.
“We don’t believe abortion should be a crime,” Louise McCudden from abortion provider MSI, told Sky News.
“It’s healthcare, and it should be regulated the same as any other healthcare.”
Their proposals would bring English and Welsh law in line with Northern Ireland where abortion was fully decriminalised in 2020, and also countries including France and Canada.
Criminal inquiries can include investigating women who may have had premature labours or stillbirths, but who are suspected of trying to illegally terminate their pregnancy.
It comes after a Sky News investigation last year revealed a rise in the number of people being investigated, and sometimes prosecuted, on suspicion of having so-called “illegal” abortions.
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Between 2023 and 2024, 29 people in England and Wales were recorded as under police investigation on suspicion of “procuring an illegal abortion” or the “intentional destruction of a viable unborn child”.
That’s the highest number of police-recorded inquiries in over two decades.
Last year Sky News spoke to Sarah (not her real name). Her baby was born prematurely, at home.
He wasn’t breathing and so emergency services were called. Police turned up before paramedics, and Sarah said the house was like a “crime scene”.
She was investigated by police for nearly a year, with her phone and devices taken away.
Sarah had previously considered having an abortion – she went to a clinic but was over the legal gestation limit, and so searched online for pills but never bought any or went ahead.
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She says the trauma of being investigated for 51 weeks “never” left her mind, and that she was “made to feel like a criminal, like I’ve done something wrong to hurt my child”.
The police force involved told us they were alerted to the “potential sudden unexplained death of a baby” and so “attended to assist medical professionals”, adding that it was a “complex investigation” and that “unfortunately these kinds of enquiries take time”.
In England and Wales, it is a criminal offence to deliberately end a pregnancy. It carries a maximum sentence of life in prison.
Women can legally terminate a pregnancy in Great Britain, up to 24 weeks in an approved clinic, with the permission of two doctors.
They can have a surgical abortion or they can take two pills – known as a medical termination.
Having a termination outside of these circumstances in England and Wales is illegal under the 1861 Offences Against the Person Act.
Since COVID, the “pills by post” scheme became a permanent measure.
It means both sets of pills can be taken at home in the early stages of pregnancy. Some campaigners and medics point to this change as a factor that increased awareness among authorities about the ease of at-home abortions, leading to a rise in criminal investigations.
But others suggest that the law surrounding abortion in this country is sound, and any moves to liberalise it would be “worrying”.
“We’re a pro-choice country, on the whole, most people think there should be legal abortion, but almost everyone thinks there should also be some limit,” said Dr Calum Miller, a medical ethics professor at the University of Oxford.
“We have some of the most extreme and liberal abortion laws already. In practice, you can get an abortion for any reason up to 24 weeks, or six months. This is compared to the European average of about 12 weeks,” he said.
Dr Miller suggests investigations are necessary to “protect children”.
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“The inevitable side effect of having a law and protecting children is sometimes there will be investigations and sadly sometimes they result in a person being innocent, but that is what it means to protect children… if there is a serious reason to suspect violation of law, the reality is it does have to be investigated,” he said.
The National Police Chiefs’ Council and the Crown Prosecution Service say investigations are “rare” and “would only be initiated where there is credible information to suggest criminal activity… often as a result of concerns raised from medical professionals”.
A National Police Chiefs’ Council spokesperson told Sky News “unexpected pregnancy loss is not something which is routinely investigated by police as potential illegal abortion” and that they “recognise how traumatic the experience of losing a child is, with many complexities involved”.
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They added that these cases come with “unique” factors and “personal circumstances” that are “carefully” considered.
