Is Abortion Now Decriminalised? What England and Wales' New Law Actually Means

Abortion law in England and Wales has changed following reforms that remove criminal penalties for women who end their own pregnancies. The changes, approved as part of recent legislation, mean women can no longer be prosecuted under historic laws for terminating a pregnancy outside the existing medical framework.

The reform relates to provisions within the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, which previously allowed for criminal charges, including life imprisonment, in certain circumstances. While the Abortion Act 1967 continues to govern how abortion services are provided, the legal risk for women themselves has now been removed.

The government and healthcare organisations have emphasised that the change does not alter when or how abortions can legally be carried out by medical professionals. Instead, it addresses whether women should face criminal prosecution in relation to their own pregnancies. Claims circulating online suggesting the reform allows unrestricted access to abortion at any stage have not been supported by the legislation.

Removal of Criminal Penalties for Women

Under previous legislation, abortion remained a criminal offence unless it met specific criteria under the 1967 Act. This included requirements such as approval from two doctors and treatment taking place in authorised settings.

Policy briefings from organisations including the British Pregnancy Advisory Service (BPAS) state that women could face investigation or prosecution if they ended a pregnancy outside these conditions, including cases involving medication obtained online. Data cited in recent briefings indicated that several women had appeared in court in the past year in connection with suspected abortion-related offences. BPAS said the cases highlighted how existing laws had been applied in recent years.

The new legal position removes the application of these criminal penalties to women in relation to their own pregnancies, while leaving the wider legal structure intact.

Existing Medical Rules and Time Limits Unchanged

Despite the change, the existing regulatory system for abortion services remains unchanged. The Abortion Act 1967 continues to set out the legal conditions under which procedures can take place.

This includes a general time limit of 24 weeks in most cases, alongside requirements for clinical oversight. Telemedicine provisions introduced in recent years, including access to early medical abortion, also remain subject to established limits and safeguards.

Healthcare providers must still comply with these rules, and any professional who carries out procedures outside the legal framework may face prosecution. Non-consensual abortion, including cases involving coercion or violence, also remains a criminal offence at any stage.

Medical Bodies and Campaigners Back Reform

Medical organisations, including the British Medical Association and the Royal College of Obstetricians and Gynaecologists, have supported the change, stating that it clarifies the distinction between healthcare provision and criminal law.

Advocacy groups have argued that the previous legal framework created situations in which women experiencing complex or distressing circumstances could face police investigation. Briefings linked to the reform highlight cases where individuals were subject to legal scrutiny following pregnancy loss or complications.

Supporters of the reform have said the changes bring England and Wales more closely in line with other jurisdictions where abortion is regulated primarily through healthcare systems.

What the Law Change Does

The reform does not introduce new rights to abortion beyond the existing framework, nor does it change clinical eligibility criteria. Access to services remains governed by the same legal and medical standards as before.

The change focuses on removing the possibility of criminal prosecution for women in relation to their own pregnancies. The government has also indicated that further steps, including processes relating to past convictions, will be addressed separately.

The updated legal framework places responsibility for abortion regulation primarily within healthcare law, while maintaining existing safeguards and restrictions.