More than 100 women who were convicted or cautioned over illegal abortions will receive automatic pardons after centuries-old laws were withdrawn. The move follows a historic vote last year and has been described by campaigners as a "vindication for women".
Police forces and courts are expected to update the records of those affected, with women not required to apply for a pardon or take any action. The Ministry of Justice has not confirmed the exact number, but Labour MP Tonia Antoniazzi, who introduced the legislation, said she believes it will be more than 100.
Historic legislative change
In June last year, MPs voted to decriminalise women terminating their own pregnancy under Ms Antoniazzi's amendment to the Crime and Policing Bill. The change also includes pardons for women after their deaths.
Ms Antoniazzi said: "This will be a huge relief to the over 100 women who were unnecessarily harmed by outdated abortion law, often at the very worst moments of their lives. This trauma cannot be erased, but I hope that this offers some alleviation of the pain these women have endured, enabling them to participate fully in society again, living their lives to the full, working the jobs they've always wanted to."
Under the previous laws, Ms Antoniazzi said, women were "treated as suspects, dragged from hospital beds to police cells" in moments of crisis where they should have been met with care.
Legal framework and context
It is no longer a criminal offence for a pregnant woman to terminate her own pregnancy at any stage. Abortion in England and Wales is legal with an authorised provider up to 24 weeks, with very limited circumstances allowing one after this time, including when the mother's life is at risk or the child would be born with a severe disability. It is also legal to take prescribed medication at home if a woman is less than 10 weeks pregnant.
The move followed repeated calls to repeal sections of the 1861 Offences Against the Person Act, after abortion was decriminalised in Northern Ireland in 2019. Last year, Nicola Packer was cleared by a jury after taking medication at home during a Covid lockdown in 2020 when she was around 26 weeks pregnant. She told her trial she did not realise she had been pregnant for more than the legal limit of 10 weeks.
Official responses and impact
Minister for victims and tackling violence against women and girls, Alex Davies-Jones, said pardoning women for abortion offences related to their own pregnancy "has been a priority and I'm pleased to be able to commence the change that Parliament voted for".
Dr Jonathan Lord, consultant gynaecologist and co-chair of the Royal College of Obstetricians and Gynaecologists (RCOG)'s abortion taskforce, called it "an historic day", adding: "For the first time since the 13th century, women who have been convicted following a pregnancy loss for an alleged abortion will no longer have to carry the consequences of a criminal record."
Louise McCudden, head of external relations and advocacy at MSI Reproductive Choices UK, said: "This is a vindication for the women who have been prosecuted and for everyone who fought alongside them for justice. There has been tremendous progress on abortion rights and gender equality. These reforms to our Victorian laws in England and Wales and the pardoning of women prosecuted will send a powerful message that the UK is a pro-choice country and our Parliament reflects that."
