In England and Wales, major legal reform removing patients from the criminal law in relation to abortion marks one of the most significant changes to abortion legislation in decades.
Under the amendment to the Crime & Policing Act which became law in April, those seeking abortion will no longer face criminal investigation, arrest, or prosecution for ending their own pregnancies. The reform amends long-standing legislation that dates back to 1861 (the Offences against the Person Act) and shifts abortion entirely away from criminal enforcement in cases involving an individual seeking care.
The reform follows growing concern over a pattern of cases in recent years in which women were investigated under criminal law following miscarriages, pregnancy complications, or abortion-related allegations.
Campaigners and medical professionals warned that the use of historic criminal statutes in these circumstances had a negative effect on reproductive healthcare, disproportionately impacting vulnerable women and undermining trust in the medical system.
The reform does not change existing healthcare frameworks for accessing abortion. Time limits remain unchanged, and a clinical approval process is still required. Instead, the legislation removes criminal penalties targeting patients, ensuring abortion is regulated through healthcare law rather than the criminal justice system.
Key changes include:
- Removal of criminal liability for people ending their own pregnancies
- Ending police investigations into suspected self-managed abortions
- Protection against prosecution under historic abortion-related offences
- Retention of clinical regulations governing abortion provision
- No change to clinical safeguards, gestational limits, or provider responsibilities
Equality Party Leader, Cllr Kay Wesley, said
“The Equality Party welcomes this win for reproductive rights. People should not be treated as a criminals for accessing or managing their own healthcare, including seeking pregnancy termination. This change brings the law in England and Wales closer to modern medical reality and human rights standards.
We are also calling for continued reform to ensure equal access to abortion services across England and Wales, including addressing regional disparities, waiting times, and barriers faced by marginalised groups.”
While the legislative change represents a significant shift in law and policy in England and Wales, abortion remains regulated within a healthcare framework. The focus now moves to implementation, including how policing and prosecution guidance will be applied in practice, and ensuring consistent, non-criminalised treatment across the system.
ENDS
The Equality Party 