UK faces sharp rise in abortion convictions

Britain is on the verge of convicting as many women for illegal abortions in 18 months as it has for the previous 55 years, as the number of prosecutions continues to rise.

Data from leading UK abortion provider British Pregnancy Advisory Service (BPAS) shows three women were convicted of having an illegal abortion between 1967 and 2022 in England and Wales, but in the last 18 months alone, six women have been prosecuted over suspected abortion offences.

Of the six prosecutions, three cases were dropped. But one woman was sent to prison and two cases are awaiting trial, BPAS revealed.

Meanwhile, co-chair of the British Society of Abortion Care Providers, Dr Jonathan Lord, says he is aware of at least 60 criminal inquiries into suspected illegal abortions in England and Wales since 2018.

The new statistics come as MPs are set to vote on an amendment to the Criminal Justice Bill next month that would see pregnancy terminations wholly decriminalised in England and Wales.

Dr Ranee Thakar, president of the Royal College of Obstetricians and Gynaecologists, told The Independent they are aware a “small but increasing number of women are being prosecuted” for pregnancy terminations as she called for abortion to be decriminalised.

“Outdated abortion law also means women who have experienced unexplained pregnancy loss may be vulnerable to criminal investigation, and health professionals placed under unacceptable and unwarranted scrutiny,” Dr Thakar added.

Dr Jonathan Lord

“We believe this is not in the public interest and that these women should be treated with care and compassion, without judgement or fear of imprisonment.”

Leading UK abortion provider British Pregnancy Advisory Service (BPAS) says it has received dozens of requests from police forces for confidential records since 2020, including requests relating to an incident last summer in Hampshire where officers found a human placenta in the wood.

Hampshire police asked for details of anyone who had been turned away by a clinic due to being over the legal limit for a termination but BPAS refused and demanded a court order, the organisation revealed.

Carla Foster, a British mother of three, was sentenced to 28 months in prison when she terminated her pregnancy at 32 to 34 weeks during lockdown. Her sentence was reduced from 28 months’ imprisonment to a 14-month suspended sentence through the Court of Appeal, but the case sparked a major backlash.

The latest figures show increasing numbers of Britons are being investigated by police over suspected illegal abortions.

Home Office data for England and Wales shows recorded crimes for abortions, a very broad category where no further action was necessarily taken, rose from 18 in 2020 to 29 in 2022 and were up from just seven cases in 2012.

The government data includes recorded crimes for the two separate charges of procuring an illegal abortion and child destruction. Some of the cases included in the government data could relate to investigations into abusive partners forcing a woman into having a pregnancy termination.

BPAS told The Independent of a case of a teenager called Lauren* living at home when the Covid crisis started who wanted to access abortion services but could not tell anybody she lived with why she had to venture out of the house.

By the time Lauren, who was under 18, was able to get to a clinic she had exceeded the legal abortion limit and was referred for additional care and support to carry on with her pregnancy. Lauren went on to deliver a stillbirth baby at home quickly afterwards – with the police investigating her on suspicion of abortion offences.

The provider also gave the example of Paula* who gave birth at home after taking abortion medication. After her housemate rang for an ambulance, the police searched her flat while she was in hospital due to suspecting her of abortion offences – but also suspecting she was the victim of trafficking and exploitation. The police interviewed her but Paula then disappeared without getting any additional support.

Dr Lord, a consultant gynaecologist at the Royal Cornwall Hospitals NHS Trust, said it is difficult to know what lies behind the “alarming” rise in investigations and prosecutions but the situation seemed to change after a 2018 campaign called for women to be able to take the second dose of their medical abortion at home.

“It was the start of alerting the wider world that it is possible to take tablets and have an abortion,” he said. “Opponents started to get more vocal at that stage.”

Dr Lord added: “I am aware of women who have lost everything – their liberty, their home and their children – and have suffered significant trauma as a result of the criminal investigation which has caused mental health issues.

“The oldest part of the abortion law can be traced back to 1623, which is over a hundred years before we stopped burning women alive at the stake.”

Abortions can legally be carried out within the first 24 weeks of pregnancy in England, Scotland and Wales.

But pregnancy terminations must be approved by two doctors, with the health professionals agreeing that continuing with the pregnancy would be riskier for the physical or mental health of the woman than having an abortion.

If a medical professional delivers an abortion outside of the terms of the 1967 act, they are at risk of being prosecuted. Legislation passed in 1861 means any woman who ends a pregnancy without getting legal permission from two doctors can face up to life imprisonment.

The Royal College of Obstetricians and Gynaecologists released new guidance to medics to not report suspected illegal abortions at the start of this year.

Dr Sonia Adesara, of campaign group Doctors for Choice UK, said: “It’s really horrific what some of these women are going through. Police are turning up at women’s doors and are confiscating women’s phones and using them in court. Data from period apps has even been used.”

Those under investigation can be pushed into debt to be able to afford their legal fees and are often left grappling with post-traumatic stress disorder, she added.

Georgina O’Reilly, a spokesperson for BPAS, said women enduring police investigation include domestic abuse survivors, suspected victims of trafficking and exploitation, as well as girls younger than 18.

The Home Office does not have specific figures about those women who are suspected of illegal abortions.

A National Police Chiefs’ Council spokesperson said: “An investigation would only be initiated where there is credible information to suggest criminal activity and this would often be as a result of concerns raised by medical professionals.”

*Names changed to protect identity