What is Decriminalisation?
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Abortion is still a criminal offence under British legislation, specifically clauses 58 and 59 of the 1861 Offences Against the Person Act. Abortion is only legal if the conditions of the 1967 Abortion Act are met, and two doctors confirm that. Campaigners for decriminalisation 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. Decriminalising abortion would null the 1967 act, 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.
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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 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
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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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