Editing Abortion in the United Kingdom (section)

== Great Britain ==
The main legislation on abortion in England, Scotland and Wales is the [[Abortion Act 1967]], as amended by the [[Human Fertilisation and Embryology Act 1990]]. In Great Britain, abortion is generally allowed for socio-economic reasons during the first 24 weeks of the pregnancy (a later term limit than most other countries in Europe), and after this point for medical reasons.

=== England and Wales ===
The '''[[Offences against the Person Act 1861]]''', in England and Wales, prohibits administering drugs or using instruments to procure an abortion and procuring drugs or other items to cause an abortion<ref name=1861act>{{OGL-attribution|version=3.0|{{cite web |title=Offences against the Person Act 1861 |url=https://www.legislation.gov.uk/ukpga/Vict/24-25/100/crossheading/attempts-to-procure-abortion |website=www.legislation.gov.uk |publisher=National Archives |access-date=15 August 2022}}}}</ref> although subsequent law has provided for a range of grounds which allow abortion to be widely available.

The '''[[Infant Life (Preservation) Act 1929]]''' amended the law in England and Wales to create the offence of [[child destruction]] – in cases where any person "who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother". For the purposes of this Act, a child whose mother has been pregnant for 28 weeks is deemed "capable of being born alive". The 1929 Act also provides a defence where it is proved that causing the death of the child was "done in good faith for the purpose only of preserving the life of the mother."<ref name=1929act>{{OGL-attribution|version=3.0|{{cite web |title=Infant Life (Preservation Act) 1929 |url=https://www.legislation.gov.uk/ukpga/Geo5/19-20/34 |website=www.legislation.gov.uk |publisher=National Archives |access-date=15 August 2022}}}}</ref>

The '''[[Abortion Act 1967]]''' originally permitted abortion "by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith" on the following grounds:

* a risk to the life of the pregnant woman, or of injury to the physical or mental health of the pregnant woman or any existing children of her family; or
* a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be "seriously handicapped".<ref name=1967act-original>{{OGL-attribution|version=3.0|{{cite web |title=Abortion Act 1967 (as enacted) |url=https://www.legislation.gov.uk/ukpga/1967/87/enacted |website=www.legislation.gov.uk |publisher=National Archives |access-date=15 August 2022}}}}</ref>

The Act came into operation in 1968, and originally applied a term limit of 28 weeks, in line with the Infant Life Preservation Act. It was subsequently amended by the '''[[Human Fertilisation and Embryology Act 1990]]''', to allow for the following grounds:

* '''Ground A''' – risk to the life of the pregnant woman;
* '''Ground B''' – to prevent grave permanent injury to the physical or mental health of the pregnant woman;
* '''Ground C''' – risk of injury to the physical or mental health of the pregnant woman (up to 24 weeks in the pregnancy);
* '''Ground D''' – risk of injury to the physical or mental health of any existing children of the family of the pregnant woman (up to 24 weeks in the pregnancy);
* '''Ground E''' – substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped;
* '''Ground F''' – to save the life of the pregnant woman; or
* '''Ground G''' – to prevent grave permanent injury to the physical or mental health of the pregnant woman in an emergency.<ref>{{cite web |title=Abortion statistics England and Wales 2020, Statutory grounds for abortion |url=https://www.gov.uk/government/statistics/abortion-statistics-for-england-and-wales-2020/abortion-statistics-england-and-wales-2020 |website=www.gov.uk |publisher=Department of Health and Social Care |access-date=24 December 2021}}</ref>

The amendment therefore allowed for a reduction in the term limit to 24 weeks for Ground C and Ground D with the law changing to reflect advances in technology to enable premature children to be born alive earlier in a pregnancy. However, no term limit was applied to other grounds and abortion was permitted throughout the pregnancy in these cases. The changes took effect in April 1991.<ref>{{cite web |title=Abortion statistics England and Wales 2020, Key events |url=https://www.gov.uk/government/statistics/abortion-statistics-for-england-and-wales-2020/abortion-statistics-england-and-wales-2020 |website=www.gov.uk |publisher=Department of Health and Social Care |access-date=24 December 2021}}</ref>

Abortion law was not devolved to the [[Senedd|National Assembly for Wales]] under [[Government of Wales Act 1998]]<ref>{{cite web |title=Government of Wales Act 1998, Schedule 2 |url=https://www.legislation.gov.uk/ukpga/1998/38/schedule/2/enacted |website=www.legislation.gov.uk |publisher=National Archives |access-date=21 August 2019}}</ref> and was specifically reserved to the [[UK Parliament]] via the [[Government of Wales Act 2006]].<ref>{{cite web |title=Government of Wales Act 2006, Schedule 7A, Head J, Section J1 |url=http://www.legislation.gov.uk/ukpga/2006/32/schedule/7A |website=www.legislation.gov.uk |publisher=National Archives |access-date=21 August 2019}}</ref>

In April 2024 a cross-party group of MPs put forward amendments to the current abortion law in England and Wales to decriminalise abortion up to 24 weeks and ensure that future legislation and guidance protects the right to an abortion.<ref>{{cite journal |url= https://www.bmj.com/content/385/bmj.q831 |title= Abortion: MPs propose decriminalisation in England and Wales |date= 9 April 2024 |journal= BMJ (Clinical Research Ed.) |publisher= [[The BMJ]] |pmid= 38594030 |access-date= 16 August 2024 |last1= Iacobucci |first1= G. |volume= 385 |pages= q831 |doi= 10.1136/bmj.q831 }}</ref> An amendment proposed that abortion be entirely decriminalised for women, whereby the 24-week limit and the requirement for approval by two doctors would remain but if the time limit is not kept to the woman would not be prosecuted, though criminal sanctions would still apply to doctors and midwives involved in abortion beyond 24-weeks.<ref name="FT, May 2024">{{cite news |last= Hughes |first= Laura |date= 9 May 2024 |title= MPs in push to decriminalise abortion in England and Wales |url= https://www.ft.com/content/4135e2ae-330c-471a-bb08-a80d69524773 |work= [[Financial Times]] (FT) |access-date= 16 August 2024}}</ref> A different amendment proposed decriminalising abortion up to 24-weeks by making it an automatic right for women and allowing it to be carried out and authorised by an approved clinician if a woman requests it.<ref name="FT, May 2024"/>

=== Scotland ===
{{See also|Back Off Scotland}}
Abortion became an offence in Scotland with the passing of the Abortion Act 1967 and refers to "any rule of law relating to the procurement of abortion".<ref name=1967act /> Prior to 1967, there was no offence of abortion in Scotland; however, if harm occurred consequent to an abortion, various offences could have applied with abortion forming part of the description of the elements forming the offence on the petition or indictment presented to a court.

The [[Scotland Act 1998]], which established the [[Scottish Parliament]], reserved abortion law to the UK Parliament<ref>{{cite web |title=Scotland Act 1998, Schedule 5, Head J, J1 |url=https://www.legislation.gov.uk/ukpga/1998/46/schedule/5/enacted |website=www.legislation.gov.uk |publisher=National Archives |access-date=21 August 2019}}</ref> but it was subsequently devolved through the [[Scotland Act 2016]].<ref>{{cite web |title=Scotland Act 2016, section 53 |url=https://www.legislation.gov.uk/ukpga/2016/11/section/53 |website=www.legislation.gov.uk |publisher=National Archives |access-date=21 August 2019}}</ref> The [[Abortion Act 1967]] remains in place.

=== Interpretation ===
Section 58 of the [[Offences against the Person Act 1861]] reads as follows and prohibits administering drugs or using instruments to cause a miscarriage:

{{blockquote|Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable{{nbsp}}[...] to be kept in penal servitude for life{{nbsp}}[...]<ref name=1861act />}}

Section 59 of that Act reads as follows and prohibits the procurement of drugs or other items to cause a miscarriage:

{{blockquote|Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being convicted thereof shall be liable{{nbsp}}[...] to be kept in penal servitude{{nbsp}}[...]<ref name=1861act />}}

The following terms in the 1861 Act may be interpreted as follows:
* '''Unlawfully''' – for the purposes of sections 58 and 59 of the Offences against the Person Act 1861, and any rule of law relating to the procurement of abortion, anything done with intent to procure a woman's miscarriage (or in the case of a woman carrying more than one foetus, her miscarriage of any foetus) is unlawfully done unless authorised by section 1 of the [[Abortion Act 1967]] and, in the case of a woman carrying more than one foetus, anything done with intent to procure her miscarriage of any foetus is authorised by the said section 1 if the ground for termination of the pregnancy specified in subsection (1)(d) of the said section 1 applies in relation to any foetus and the thing is done for the purpose of procuring the miscarriage of that foetus, or any of the other ground for termination of the pregnancy specified in the said section 1 applies;<ref>The [[Abortion Act 1967]], section 5(2); as read with section 6</ref>
* '''Felony''' and '''misdemeanour''' – see the [[Criminal Law Act 1967]];
* '''Mode of trial''' – the offences under section 58 and 59 are [[indictable-only offence]]s;
* '''Sentence''' – an offence under section 58 is punishable with imprisonment for life or for any shorter term<ref>The [[Offences against the Person Act 1861]] (24 & 25 Vict c 100), section 58; the [[Criminal Justice Act 1948]] (11 & 12 Geo 6 c 58), section 1(1)</ref> and an offence under section 59 is punishable with imprisonment for a term not exceeding five years.<ref>The [[Offences against the Person Act 1861]] (24 & 25 Vict c 100), section 59; the [[Penal Servitude Act 1891]] (54 & 55 Vict c 69), section 1(1); the [[Criminal Justice Act 1948]] (11 & 12 Geo 6 c 58), section 1(1)</ref>

A death of a person [[Born alive rule|in being]] which is caused by an unlawful attempt to procure an abortion, is at least [[Manslaughter in English law|manslaughter]].<ref>''R v Buck and Buck'', 44 Cr App R 213, Assizes, per Edmund Davies J.; ''R v Creamer'' [1966] 1 QB 72, 49 Cr App R 368, [1965] 3 WLR 583, [1965] 3 All ER 257, [[Court of Criminal Appeal (England and Wales)|CCA]]</ref><ref>See also ''Attorney General's Reference (No 3 of 1994)'' [1998] AC 245, [1997] 3 WLR 421, HL, [1996] 1 Cr App R 351, CA.</ref>

The following terms in the 1967 Act may be interpreted as follows:
* '''The law relating to abortion''' – in England and Wales, this means sections 58 and 59 of the [[Offences against the Person Act 1861]] and any rule of law relating to the procurement of abortion.<ref name="abortion">The [[Abortion Act 1967]], section 6</ref> and in Scotland, this means any rule of law relating to the procurement of abortion;<ref name="abortion"/>
* '''Terminated by a registered medical practitioner''' includes a procedure supervised by a medical practitioner – see [[purposive approach#Royal College of Nursing v DHSS|Royal College of Nursing of the UK v DHSS]] [1981] AC 800, [1981] 2 [[Weekly Law Reports|WLR]] 279, [1981] 1 [[All England Law Reports|All ER]] 545, [1981] [[Criminal Law Review|Crim LR]] 322, [[House of Lords|HL]];
* '''Place where termination must be carried out''' – see sections 1(3) to (4);
* '''The opinion of two registered medical practitioners''' – see section 1(4);
* '''Good faith''' – see R v Smith (John Anthony James), 58 [[Criminal Appeal Reports|Cr App R]] 106, [[Court of Appeal of England and Wales|CA]];
* '''Determining the risk of injury in ss. (a) & (b)''' – see section 1(2);
* '''Risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman''' – In ''R v British Broadcasting Corporation, ex parte ProLife Alliance'', Lord Justice Laws said: "There is some evidence that many doctors maintain that the continuance of a pregnancy is always more dangerous to the physical welfare of a woman than having an abortion, a state of affairs which is said to allow a situation of ''de facto'' abortion on demand to prevail."<ref>[http://www.bailii.org/ew/cases/EWCA/Civ/2002/297.html R v British Broadcasting Corporation, ex parte ProLife Alliance] [2002] EWCA Civ 297 at [6], [2002] 2 All ER 756 at 761, CA</ref>