Labour MP launches push to decriminalise abortion in England and Wales

Labour MP leads push to decriminalise abortion in England and Wales

Tonia Antoniazzi tables amendment to remove criminal penalties, backed by broad coalition amid rising prosecutions

LONDON — Labour MP Tonia Antoniazzi has launched a legislative effort to decriminalise abortion in England and Wales, warning that the current legal framework is outdated and has led to the prosecution of over 100 women in recent years, some of whom experienced miscarriages or complications.

Antoniazzi’s amendment to the Crime and Policing Bill aims to remove abortion from criminal law without altering current access, provision, or time limits under the 1967 Abortion Act. Her proposal has drawn cross-party support, with nearly 60 MPs from Labour, Conservative, Liberal Democrat, Green, and Plaid Cymru parties co-signing the motion.

“There is simply no world in which prosecuting a vulnerable woman who may have experienced a medical complication, miscarriage or stillbirth is the right course of action,” Antoniazzi stated.

164-year-old law under renewed scrutiny

Under the Offences Against the Person Act 1861, abortion remains a criminal offence in England and Wales unless conducted under specific conditions: before 24 weeks of gestation, with approval from two doctors, and in an authorised clinic or hospital. Women can still face charges if they end pregnancies outside these boundaries, even unintentionally.

Recent high-profile cases, such as the acquittal of Nicola Packer, have sparked renewed concern. Packer was tried for using abortion pills at home during the COVID-19 lockdown while unknowingly over the legal 10-week threshold for at-home medication use. She was cleared by a jury, but the case intensified calls for reform.

Medical and legal consensus building

Major medical bodies, including the Royal College of Obstetricians and Gynaecologists (RCOG), are supporting the amendment. The RCOG described current abortion law as “outdated and harmful”, calling Packer’s trial emblematic of the risks faced by women under the existing framework.

Data collected by abortion service providers including BPAS, MSI Reproductive Choices, and NUPAS shows at least 100 women have been investigated under abortion laws in the past five years, with six facing prosecution in court.

Antoniazzi said her amendment is “tightly drawn” and will not alter the 24-week time limit, the right to conscientious objection, or the clinical standards under which abortion care is delivered.

“When Parliament has the opportunity to vote on these proposals, my colleagues will agree that never again should a woman be prosecuted for ending her own pregnancy in England and Wales,” she added.

Current legal context and changes across the UK

The 1967 Abortion Act originally permitted abortions up to 28 weeks, later reduced to 24 weeks by the Human Fertilisation and Embryology Act 1990. Abortions beyond 24 weeks remain lawful only under strict exceptions:

• Risk to the woman’s life

• Severe fetal abnormalities

• Grave physical or mental health risks to the woman

Though women in England and Wales have been permitted to take the second abortion pill at home since 2018, the act remains underpinned by criminal law, making self-managed abortions beyond approved guidelines legally risky.

In contrast:

• Scotland applies similar rules but has a distinct legal system, currently reviewing decriminalisation.

• Northern Ireland decriminalised abortion in 2019 following Westminster intervention.

Highest abortion rates on record

Government data shows 251,377 abortions were recorded in England and Wales in 2022 — the highest number since legalisation. This marks a 17% increase from the previous year. Notably, 88% of procedures occurred within the first 10 weeks of pregnancy.

Campaigners argue that legal reform is essential to reflect this reality, protect women’s health, and remove the threat of criminal sanctions from those who miscarry, miscalculate gestation, or seek medical care.

Next steps and broader implications

Parliament has previously been due to debate similar amendments, but the dissolution for the general election prevented progress. With the Crime and Policing Bill back on the agenda, Antoniazzi’s proposal could become a pivotal test of political will around abortion reform in post-Brexit Britain.

Public, professional, and legal support is mounting, yet opposition from some religious and conservative quarters remains. The amendment also revives debates over the criminalisation of reproductive health decisions, gender equity in law, and the broader role of Parliament in modernising Victorian-era statutes.

Stay tuned to The Horizons Times for further developments as the UK Parliament prepares to revisit abortion law for the first time in over a generation.