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UK Lawmakers Vote to Decriminalise Abortion in England and Wales in Landmark Reform

British Lawmakers Vote to Decriminalise Abortion in England and Wales in Landmark Reform

In a historic step for reproductive rights in the UK, British lawmakers have voted to decriminalise abortion in England and Wales, following growing public and political concern over women being criminally investigated for ending pregnancies.

On Wednesday, the House of Commons approved an amendment to a broader crime and policing bill by a vote of 379 to 317, marking a pivotal moment in the country’s abortion laws. The change will ensure that women who terminate their pregnancies after 24 weeks will no longer face criminal investigation or prosecution, removing the threat of punishment under a Victorian-era law from 1861.

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Ending Criminal Charges Against Women

While abortion has been legal in England and Wales since 1967, it remains governed by strict conditions: the procedure must take place within 24 weeks of pregnancy and with the approval of two doctors. Abortion after this limit is only legal in cases where continuing the pregnancy would seriously threaten the health or life of the woman or in instances of severe fatal abnormalities.

But the reality has been more complex. More than 100 women have been investigated by the police for suspected illegal abortions over the past five years. In some cases, women were questioned after experiencing miscarriages or stillbirths, raising fears that the criminal justice system was being used to punish vulnerable women.

Labour MP Tonia Antoniazzi, who introduced one of the amendments, called the move a long-overdue act of compassion:

“This piece of legislation will only take women out of the criminal justice system because they are vulnerable and they need our help. Just what public interest is this serving? This is not justice, it is cruelty and it has got to end.”

Responding to Recent Controversies

The momentum for change has been fuelled by a string of high-profile prosecutions. One of the most widely reported cases involved Carla Foster, a 45-year-old mother of three, who was sentenced to over two years in prison in 2023 for using abortion pills to end her pregnancy at approximately eight months. Her sentence sparked widespread outrage, and she was later released on appeal. Judge Victoria Sharp noted the need for “compassion, not punishment.”

In another recent case, Nicola Packer, who took abortion medication at around 26 weeks of pregnancy, was acquitted by a jury. Packer testified she was unaware she had passed the legal 10-week limit for home use of abortion pills, introduced during the COVID-19 pandemic as a temporary measure but later made permanent.

These cases have prompted renewed scrutiny of the Offences Against the Person Act of 1861, which still forms the legal foundation for abortion-related prosecutions in the UK. Many campaigners argue that applying a 19th-century law to modern healthcare practices is both outdated and unjust.

What the Amendment Changes

The amendment voted on this week does not legalise abortion beyond 24 weeks, nor does it change the framework under which medical professionals operate. Instead, it ensures that women themselves will not be treated as criminals if they undergo abortions beyond the legal time limit.

Those who assist or perform an abortion outside the 24-week legal window without medical justification can still face prosecution under existing medical regulations.

This legal distinction is significant: the focus of enforcement will shift away from vulnerable women and onto unregulated providers, if necessary, creating a more humane and medically sound framework.

A Divisive Debate

While the vote marks progress for many, it has not been without opposition. Anti-abortion groups argue that decriminalisation could lead to abortion on demand at any stage, stripping away protections for unborn babies.

“Unborn babies will have any remaining protection stripped away, and women will be left at the mercy of abusers,” said Alithea Williams, public policy manager for the Society for the Protection of Unborn Children, the UK’s largest pro-life organisation.

Despite these concerns, public sentiment has increasingly leaned toward protecting women from criminalisation, especially in the wake of recent prosecutions and miscarriages of justice.

Broader Implications and What’s Next

The amendment now becomes part of a wider crime and policing bill, which must still be passed by the House of Commons and then move to the House of Lords. While the Lords cannot block the bill outright, they could attempt to delay or modify its provisions.

Nevertheless, reproductive rights advocates are hailing this vote as a landmark moment.

“At a time when we’re seeing rollbacks on reproductive rights, most notably in the United States, this crucial milestone in the fight for reproductive rights sends a powerful message that our lawmakers are standing up for women,” said Louise McCudden of MSI Reproductive Choices.

Conclusion

This vote represents a major shift in how the UK treats women’s reproductive rights—from punishment to protection. Decriminalising abortion after 24 weeks will bring England and Wales closer to modern standards of healthcare and compassion, ensuring women no longer face prosecution for making deeply personal medical decisions.

As the crime bill continues its journey through Parliament, the message from the Commons is clear: reproductive justice means removing women from the crosshairs of the criminal justice system, and creating a more humane and equitable approach to abortion in the 21st century.

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