What is Decriminalisation?
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Abortion is still a criminal offence in England and Wales under British legislation, specifically clauses 58 and 59 of the 1861 Offences Against the Person Act. In Scotland, it is a criminal offence under common law. Abortion is only legal if the conditions of the 1967 Abortion Act are met, and two doctors confirm that. Campaigners for decriminalisation in England, Wales, and Northern Ireland seek to repeal the 1861 Act, claiming that women risk prosecution under the current law. This is not true. Out of 8.9 million abortions since 1967, only two women have been prosecuted for procuring an abortion.
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Complete decriminalising of abortion would null the 1967 act, potentially removing all legal restrictions on abortion, allowing abortion up to birth for any reason. It would be the most drastic extension of abortion in this country since 1967.
In the 50 years abortion has been legal, 500,000 abortions have occurred in Scotland. Not a single woman has been prosecuted. Only two women have been prosecuted in England. 98% of abortions in Scotland in 2016 were certified under Ground C (that continuing the pregnancy entails greater risk to the mental health of the woman than having an abortion). A pregnancy being "unwanted" is classed as risk and doctors rarely make an assessment of the woman's mental health. This means doctors are routinely miscertifying women for abortion.
In the 50 years abortion has been legal, 500,000 abortions have occurred in Scotland. Not a single woman has been prosecuted. Only two women have been prosecuted in England. 98% of abortions in Scotland in 2016 were certified under Ground C (that continuing the pregnancy entails greater risk to the mental health of the woman than having an abortion). A pregnancy being "unwanted" is classed as risk and doctors rarely make an assessment of the woman's mental health. This means doctors are routinely miscertifying women for abortion.
The 'We Trust Women' Campaign
BPAS
In February of 2016, The British Pregnancy Advisory Service (BPAS) have launched the 'We Trust Women' campaign, asking that all legal restrictions on abortion be removed. BPAS is actively calling the British government to fully decriminalise abortion.
Who Supports the Campaign
The 'We Trust Women' Campaign has the support of the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, the Faculty for Sexual and Reproductive Health, and the British Medical Association. This institutional support, however, does not mirror public support. A 2017 ComRes poll found that 72% of those polled felt abortion should be kept within the legal framework.
The BMA views the Abortion Act 1967 as a "practical and humane piece of legislation" and (wrongly) states that the question of when life begins is "not a question of fact, but one of belief."
Diana Johnson's Bill 2017
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On Monday 13 March 2017, the House of Commons voted by 172 votes to 142 to permit Diana Johnson, Labour MP for Kingston upon Hull North, to introduce a bill under the Ten Minute Rule Procedure, calling for the decriminalisation of abortion up to 24 weeks. Although this bill has made no more progress in that parliament, it illustrates that there is momentum behind the campaign to decriminalise abortion.
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Diana Johnson's Bill 2018
On Tuesday 23 October 2018, the House of Commons voted by 208 votes to 123 to permit Diana Johnson to introduce a bill under the Ten Minute Rile Procedure, which would remove clauses 59 and 60 of the Offences Against the Persons Act. The bill would decriminalise abortion in England and Wales up to 24 weeks, and would make abortion more widely available in Northern Ireland. It is not known when this bill will receive a second hearing.
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What About Scotland?
Decriminalising abortion in England and Wales will not extend to Scotland. That does not, however, mean that there is not a similar campaign to decriminalise abortion in Scotland. Engender, Scotland's feminist members organisation, has published documents encouraging Holyrood to pursue decriminalisation.
In October 2017, Nicola Sturgeon announced that the Scottish Government was making provisions for women to take the second abortion pill (misoprostol) at home. This is one of the changes called for by advocates for abortion decriminalisation.
In October 2017, Nicola Sturgeon announced that the Scottish Government was making provisions for women to take the second abortion pill (misoprostol) at home. This is one of the changes called for by advocates for abortion decriminalisation.