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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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."
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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