The Royal College of Obstetricians and Gynaecologists recently emphasised the importance of prioritising patient confidentiality and respecting their choices in healthcare. While patient confidentiality is not a new concept, this reminder comes amid concerning trends involving the prosecution of women for suspected illegal abortions. This surge in cases is partially driven by medical staff reporting instances where they believe women may have exceeded legal limits while using abortion pills.

Many may not realise that abortion is still considered a criminal offence in the UK. While it is permissible under specific legal conditions, such as requiring approval from two doctors, adhering to time limits, and being performed in specific facilities, deviating from these stipulations can result in arrests and potential prosecutions.

In the past year, six women faced legal action, and one was imprisoned before her sentence was later reduced on appeal. The Abortion Act 1967 permits terminations within the first 24 weeks of pregnancy in England, Scotland, and Wales. However, taking abortion pills to induce miscarriage after this 24-week limit is illegal under Section 58 of the Offence Against the Person Act 1861.

These legal restrictions have had severe consequences for women who have not violated the law. For instance, a 15-year-old girl faced a year-long investigation and the confiscation of her electronic devices after a stillbirth at 28 weeks. Another woman was arrested and detained for 36 hours following a stillbirth at 24 weeks, with suspicion of using abortion pills beyond the legal limit.

In 2024, four women are set to stand trial for suspected illegal abortions. Many healthcare professionals, including the author, strongly oppose the arrest and imprisonment of women for choosing to terminate a pregnancy.

The current abortion laws, rooted in the 1800s, need immediate reform. These outdated laws, which can carry a maximum life imprisonment sentence, do not align with modern society’s values and cause significant harm to women and their families. Imprisoning women for seeking abortion is not in anyone’s best interest; abortion is a safe medical procedure and should be treated as such.

This does not mean that abortion should be unregulated. Like other medical procedures, it should have protocols and best practices in place, with healthcare professionals working together with patients to determine the best course of action.

Efforts are underway to bring about change. Labour MP Diana Johnson has proposed an amendment to the Criminal Justice Bill to prevent women seeking abortions from being affected by outdated laws. This change would protect women from prosecution and imprisonment while reducing the stigma and shame associated with abortion.

With approximately one in three women undergoing an abortion at some point, public opinion largely supports pro-choice policies. Joining the campaign for the decriminalisation of abortion, spreading awareness on social media, discussing the issue with friends, and contacting MPs to support Diana Johnson’s amendment are steps that can help bring the law in line with public sentiment.

The majority of people in the UK support women’s right to choose, and it’s time for the law to reflect this consensus.