Abortion Law: Women Pardoned in Historic House of Lords Vote
Women convicted under historical abortion laws in England and Wales are set to receive pardons after the House of Lords voted overwhelmingly in favour of an amendment to the Crime and Policing Bill. The vote, which came late Wednesday night, extends a measure initially passed by the House of Commons last June and marks a significant shift in the legal landscape surrounding reproductive rights.
The amendment, spearheaded by Labour MP Tonia Antoniazzi, aims to conclude the criminalisation of women who terminate their pregnancies outside of the existing legal framework. While the existing legal framework remains unchanged, the pardon applies retroactively to those already convicted, and will notice their records expunged. The move follows growing concern over a reported increase in prosecutions under the 1861 Offences Against the Person Act, a Victorian-era law still technically in force.
Peers defeated attempts to strike down Antoniazzi’s clause, as well as a separate effort to prohibit the apply of telemedicine for early medical abortions – a practice that allows abortion medication to be dispatched by post for pregnancies under 10 weeks. The retention of telemedicine access was hailed by reproductive rights advocates as a crucial victory, safeguarding a method of care that has expanded access, particularly for women in rural areas.
The vote has been welcomed by women who have faced investigation and prosecution under the existing laws. Nikki Packer, who was cleared of illegal abortion charges last year following a trial, expressed her relief. “I’m so happy the vote passed,” Packer said. “Knowing that This represents the end of prosecutions, investigations and the trauma it’s caused those of us who have been through it will not happen to anyone else is great.”
The impact of past convictions extends beyond the immediate legal consequences, with many women reporting lasting restrictions on employment and travel due to criminal records. Even arrests that did not lead to charges can appear on enhanced Disclosure and Barring Service (DBS) checks, potentially hindering future opportunities. The Guardian recently reported on the case of a young woman, identified only as Becca, who faced continued scrutiny from her employer in the NHS despite having her investigation dropped. “It would just be such a relief for everyone,” Becca said, “such a weight off everyone’s shoulders and maybe the last step in it being behind us.”
Reproductive health organizations have lauded the Lords’ decision as a landmark moment. Louise McCudden, from MSI Reproductive Choices, described the vote as “a huge relief to the women who have faced traumatic investigations as well as those still living with the anxiety and uncertainty created by the current law.” Heidi Stewart, chief executive of the British Pregnancy Advisory Service, highlighted the disproportionate impact of the laws on vulnerable women, including victims of domestic abuse and human trafficking.
Stewart emphasized that even women who experienced natural pregnancy loss could have records retained on police systems, creating ongoing stigma and barriers to rebuilding their lives. “These laws have been used against some of the most vulnerable women and girls,” she said.
The Crime and Policing Bill, including the amendment granting pardons, now returns to the House of Commons for consideration of the Lords’ amendments. While the passage of the amendment is widely expected, the final step is required before the legislation can be formally enacted into law.