In a historic vote, the House of Commons has passed an amendment that would grant statutory immunity from prosecution to women who end their pregnancies, marking the first major shift in abortion-related criminal law in England and Wales since 1861.
The amendment, which removes criminal liability under Section 58 of the Offences Against the Person Act 1861, was supported by a cross-party coalition of 180 MPs and 50 organisations, including the Royal College of Obstetricians and Gynaecologists (RCOG). If passed into law, it will ensure that no woman in England or Wales can be prosecuted for seeking an abortion.
Legal Framework Remains for Medical Providers
Importantly, the change does not alter the Abortion Act 1967 or existing abortion regulations within healthcare settings. All current legal requirements—such as time limits, grounds for abortion, telemedicine rules, and the two-doctor approval system—remain unchanged.
MP Tonia Antoniazzi, who spearheaded the amendment, highlighted that nearly 99% of abortions in the UK take place before 20 weeks. “The 1% of women beyond that point are often facing desperate, distressing circumstances. These women need care and support, not criminalisation,” she told Parliament.
Support from Medical and Legal Bodies
RCOG President Professor Ranee Thakar praised the move, calling it “a powerful signal that women’s rights and autonomy matter.” She added that the vote reflects the long-standing advocacy efforts of over 50 medical, legal, and public health organisations, as well as public opinion, which strongly supports safe and stigma-free abortion care.
Opposition Raises Concerns
Despite widespread backing, some MPs raised concerns. Conservative MP Rebecca Pau warned that “if this becomes law, fully developed babies up to term could be aborted by a woman with no consequences.” However, such scenarios remain medically and legally rare under current healthcare guidelines.
Rising Prosecutions Fuel Reform Calls
The reform comes amid growing public unease over recent prosecutions of women under the 1861 law. In the past four years, at least six women have faced trial. One high-profile case involved Nicola Packer, who was arrested and held in police custody after taking prescribed abortion medication at around 26 weeks. She was later acquitted after a four-year investigation.
“The law is outdated and fails to protect women in vulnerable situations,” said Antoniazzi. “Each prosecution is a travesty.”
The amendment must still pass further legislative stages in the House of Lords before becoming law.
