10 hours ago
What are Scotland's abortion laws as MPs vote to decriminalise procedure in England
MPs voted for an amendment to the Crime and Policing Bill in the House of Commons on Tuesday
Abortion remains a contentious issue in Scotland and around the world. The majority of people have an opinion on the matter, whether it's buffer zones or a women's right to choose.
After MPs voted in favour of decriminalising abortion in England and Wales at Westminster yesterday, June 17, Labour MPs called for Scotland to follow suit. Tuesday's vote on an amendment to the Crime and Policing Bill put forward by Labour's Tonia Antoniazz passed by a majority of 242 votes.
Now, women who terminate their pregnancy outside the current legal framework - after 24 weeks, for example - will no longer be at risk of police investigation. But anyone assisting a woman doing so outwith the rules can still be penalised.
Following the vote, Lillian Jones and Joani Reid have urged the Scottish Government to make sure no woman is prosecuted for terminating a pregnancy.
The Crime and Policing Bill amendment only affects England and Wales, as abortion was devolved to Holyrood in 2016. We are taking a look at the current legislation in Scotland on a topic that is fiercely debated.
Abortion is permitted up to the 24th week of a pregnancy in the UK. However, there are concerns that women in Scotland can only have a termination here after 20 weeks in cases where there is either a foetal abnormality or the woman's life is at risk.
The law says you can have an abortion if two doctors approve the procedure. Often, the medics will both have to agree that having a termination would cause less damage to your physical or mental health (or that of existing children) than continuing with the pregnancy.
"Most doctors will view the distress of continuing with an unwanted pregnancy as likely to be harmful," states the Sandyford Clinic in Glasgow.
"However, some doctors may choose not to be involved in abortion services and referrals, in which case they must refer you to another doctor or service, who will be able to help you."
Abortions after 24 weeks are available in exceptional circumstances, such as to save the life of the pregnant person, or if there has been a diagnosis of a serious or fatal foetal anomaly.
You will not have to pay for either the abortion assessment clinic or the abortion procedure, provided you are entitled to receive NHS care in Scotland.
But in Scotland, abortion isn't actually legal and it is not technically in the hands of the women involved, as the two doctors have to approve the procedure.
The healthcare procedure is still criminalised under the Offences Against the Person Act 1861, and only allowed in certain circumstances under the Abortion Act 1967.
On the House of Commons amendment, East Kilbride and Strathaven MP Reid said: "[Abortion] is an offence created by the courts alone north of the border, but it's one that the Scottish parliament can legislate to abolish...
"There is a balance of risks, and I think that the greater injustice is the thought of our police, our prosecution services, and our courts relentlessly pursuing women who have had an abortion and women who, through error, misunderstanding, or sheer desperation, find themselves accused of a crime they scarcely knew existed."
The Scottish Government has set up an expert group to review the law on abortion and advise on whether it should be changed. The group will report next year.
The Abortion Services (Safe Access Zones) (Scotland) Bill came into effect in September, creating 'buffer zones' around medical facilities where terminations are performed, to stop anti-abortion protesters gathering.
The legislation was introduced by Green MSP Gillian Mackay and is aimed at protecting women from harassment when they attend these facilities.
US Vice President JD Vance claimed that the Scottish Governemnt were sending letters to residents in the buffer zones 'warning them that even private prayer within their own homes may amount to breaking the law'. His comments were branded 'ludicrous' and 'wrong' by Health Secretary Neil Gray.
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