Vulnerable Women Still Arrested for Suspected Illegal Abortions Despite Parliamentary Vote
In a concerning development, vulnerable women in England are still being arrested and subjected to police investigations over suspected illegal pregnancy terminations, despite parliament backing changes to decriminalise abortion. This situation persists even after MPs voted overwhelmingly in favour of legal reforms last June.
Police Actions Continue Despite Legislative Progress
Responding to a freedom of information request, Nottinghamshire Police and the Metropolitan Police confirmed they had arrested women suspected of illegal terminations between June last year and January this year. However, abortion providers have indicated that several additional cases exist which are not reflected in this data, as some police forces either refused the request or reported no arrests under the relevant legislation.
The parliamentary vote, which saw 379 MPs in favour and 137 against, was hailed as the biggest step forward for reproductive rights in England and Wales in six decades. Yet, the legislation is still passing through parliament and has not yet become law, leaving a legal grey area that continues to impact women.
Traumatic Cases Highlight Systemic Failures
In one distressing case that occurred after the parliamentary vote, a woman went to hospital and miscarried at approximately 17 weeks. During her examination, tablets were found in her vagina, prompting a call to the police. Officers arrested her in the hospital's delivery suite and searched her home while she remained on the labour ward.
The woman, who denied seeking an abortion, had unstable diabetes, a condition that can be particularly difficult to manage after delivery. Police confiscated her electronic devices, which she used to monitor her condition and control her insulin pump. She expressed feeling betrayed by the NHS and police, stating she no longer felt safe engaging with these services. A clinician involved in her care remarked, "When I called the police, I really thought they would offer her support and protection. What happened was horrifying."
Further Instances of Police Intervention
In another case involving a different police force, a woman in her 40s was arrested over Christmas. She had believed she was very early in pregnancy but delivered a foetus in its gestation sac, later determined to be around 24 weeks. After calling an ambulance, paramedics found her hyperventilating and panicking. Professionals noted significant safeguarding concerns, as the woman had a history of being a victim of domestic abuse.
Her children, who witnessed the police intervention, had to leave their home over Christmas while the house was searched. "The search may well have included opening their Christmas presents," one professional said.
Criticism from Advocates and Professionals
Labour backbencher Tonia Antoniazzi, who proposed the amendment to the crime and policing bill, criticised the ongoing arrests, stating, "The dystopian treatment of women continues under this Victorian-era law despite the House of Commons being clear that this has no place in modern society. The police and wider criminal justice system cannot be trusted with abortion law."
Jonathan Lord, co-chair of the Royal College of Obstetricians and Gynaecologists abortion taskforce, emphasised that investigations cause significant harm, with few cases progressing to charges or prosecutions. He noted, "The police and CPS have shown consistently – in multiple areas and in numerous cases – that they do not act appropriately or with sensitivity. In several cases they have only targeted the woman, and not investigated potential abuse by a coercive partner."
Legal Framework and Future Debates
The current framework for accessing abortion, including the requirement for two doctors' signatures and time limits for terminations, remains unchanged. Doctors who act outside the law still face the threat of prosecution. On Wednesday, amendments to abortion law will be debated again in the House of Lords, with peers proposing changes ranging from striking out the decriminalisation clause to pardoning women already convicted and halting ongoing investigations.
Louise McCudden, MSI Reproductive Choices UK's head of external affairs, urged action, saying, "We know from providing reproductive healthcare across six continents that criminalisation harms women and makes abortion less safe. The House of Lords now has a historic opportunity to end the threat of prosecution once and for all."
Police Response and Public Interest Considerations
A National Police Chiefs' Council spokesperson stated that police do not routinely investigate unexpected pregnancy loss and only initiate investigations where credible information suggests criminal activity, often based on concerns raised by medical professionals. They emphasised that each case is assessed individually, with investigations conducted with sensitivity and compassion.
Harriet Wistrich, a solicitor and chief executive of the Centre for Women's Justice, highlighted the public interest test in such cases, arguing that given the parliamentary vote, discretion should be exercised to avoid arrests. She noted, "There is a strong argument to make that in circumstances where the House of Commons have voted by a large majority to stop criminalisation, that discretion should be exercised in the public interest not to arrest."
As the legal landscape evolves, the ongoing arrests underscore the urgent need for clarity and compassion in handling cases involving vulnerable women and reproductive rights.
