MPs get free vote on decriminalization of abortion in England and Wales

MPs are expected to get a free vote on decriminalizing abortion as a Labor backbencher is set to table an amendment that would end the prosecution of women who terminate their pregnancies after the 24-week limit.

Diana Johnson is expected to introduce an amendment to the Criminal Justice Act next month that would eliminate the possibility of women being jailed for continuing with abortions after the deadline.

MPs generally get free votes on abortion because it is considered a matter of conscience, meaning the parties will give parliamentarians the chance to make a personal choice about how they vote.

Johnson said she was “hopeful” the amendment would be passed because “we did this for Northern Ireland in 2019-2020 and decriminalized it”.

“I would find it very strange if parliament decided not to do this
England and Wales, as we have already done it and the sky has not yet fallen. Other countries have done it – Australia, New Zealand, Canada and the Republic of Ireland – so it’s not the horrible thing some people seem to make it out to be, she said.

“The other thing that can influence people is the number of investigations, the increase in the number of women now being brought to justice, the number of investigations that the police are conducting and the fact that abortion providers say they have been asked 50 times in prison. last 18 months for women’s medical records.

“Women who have experienced a stillbirth are being investigated. And this very small group of women who are late in having their own abortions often find themselves in the most terrible circumstances. Women who are victims of human trafficking or are very young or in an abusive relationship. I’m not sure we think sending women through the courts is the way to deal with this.”

Polling for the Times of MPs showed there appeared to be a majority in favor of decriminalizing abortion, with 55% believing women should not be prosecuted, 23% in favor and the rest saying they did not know.

Abortions in England must be approved by two doctors and take place within the first 24 weeks of pregnancy. Otherwise, it is illegal to intentionally terminate a pregnancy and carries a maximum penalty of life imprisonment under the Offenses Against the Person Act 1861. Cancellations after 10 weeks take place in a hospital or clinic.

Since 2019, around 100 women have faced police investigations for abortions. In 2023, outrage arose over the case of Carla Foster, a mother of three, who was jailed for terminating her pregnancy after the legal term during lockdown.

She was originally sentenced to 28 months but was reduced to a 14-month suspended sentence on appeal, with the court judge saying she needed “compassion, not punishment”. She had admitted illegally performing her own abortion when she was between 32 and 34 weeks pregnant.

Bethany Cox, from Teesside, was acquitted of the same charge, but three more women accused of illegal abortions will appear in court this year.

Since 2022, at least six women have been taken to court and dozens of women have been investigated for allegedly terminating their pregnancies outside the legal requirements for abortion. Only three women have been prosecuted in the past twenty years.

Last month the Royal College of Obstetricians and Gynecologists said doctors and other healthcare workers should not report suspected illegal abortions to police because prosecutions are never in the public interest.

In an intervention at the debate in January, Dr Ranee Thakar, president of the trade body, said “outdated and antiquated” abortion laws leave women vulnerable to criminal investigation.

It states that professionals are subject to “unacceptable and unwarranted scrutiny”, and that if healthcare workers disclose confidential patient information without consent, they could face proceedings by professional bodies.