Inside the Victorian-era law from 1861 that governs women's rights in the UK
As campaigners fight for the decriminalisation of abortion to the UK, we delve into the 1861 Victorian era law that currently governs women's bodily autonomy in Britain
MPs, feminist and abortion rights groups are currently fighting for the decriminalisation of abortion in England and Wales. But what exactly is the law around abortion and when did it come into place?
The Abortion Act was introduced to the UK in 1967, and allowed women to legally terminate a pregnancy up to 28 weeks with the certification of two doctors. In 1990, the limit was changed to 24 weeks. This means that a woman who undergoes an abortion without the permission of two doctors – for example, by buying abortion pills online – can be charged with a criminal offence.
What is the 1861 Offences Against the Person Act?
At the time of writing, seeking an illegal abortion in the UK carries a sentence of up to a lifetime in prison. This is because it falls under the 1861 Offences Against the Person Act.
Under the Act, any person who provided or used a poison or tool to end a pregnancy can be found guilty of 'a misdemeanour' and, if convicted, could be imprisoned. Or, as the law puts it: 'kept in penal servitude for life'. In 1921, an exception was made to include a caveat that abortions could be performed in order to save the life of a mother.
In 1938, a doctor was arrested after performing an abortion on a 14-year-old rape victim. He argued the procedure was necessary because of the risks to her physical and mental health. This prompted a revision to the law, which led to the 1967 Abortion Act.
At present, all abortions after 24 weeks are illegal, with exception of limited circumstances. This includes the mother's life being at risk or if the child were to be born with a severe disability.
The Abortion Act also states that abortions must be carried out either in a hospital or licensed clinic. However, this was changed during the Covid pandemic in 2020, when at-home abortion pills were made available by post for people seeking to terminate their pregnancy in the first 10 weeks.
MPs voted to continue to allow women to access at-home abortion care and the measure was made permanent in August 2020.
How many women have been charged for an illegal abortion?
Under the law, there have only been three convictions achieved, but criminal investigations into women who have suffered from miscarriages or had a premature or a stillbirth have recently increased.
According to the British Pregnancy Advisory Service, 'record numbers' of women are being investigated for suspected abortions in the UK. Campaigners have claimed that over 100 women have been investigated by police in recent years due to current abortion laws, as recently reported by Sky News.
In the 10 years leading up to April 2022, England and Wales recorded at least 67 cases of procuring an illegal abortion, according to data obtained by The Guardian under the Freedom of Information Act.
Why do campaigners want to change the law?
Campaigners want to decriminalise abortion as this will make it a healthcare matter rather than a legal one. A petition was launched in 2024 calling for the decriminalisation of abortion, which received more than 103,000 signatures, according to the UK parliament.
It stated: "I am calling on the UK government to remove abortion from criminal law so that no pregnant person can be criminalised for procuring their own abortion."
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