On Tuesday 28 November 2023, Labour MPs Dame Diana Johnson and Stella Creasy tabled amendments NC1 and NC2 respectively to the Government’s Criminal Justice Bill. Both amendments would decriminalise abortion.
On 25 January 2024, these amendments were debated at Committee stage and withdrawn. Diana Johnson immediately tabled a very similar amendment (NC1), in the hope that it will be debated by MPs at Report stage. In April 2024, Stella Creasy also tabled a new decriminalisation amendment (NC40).
Pro-life MPs have also tabled amendments seeking to reduce the time limit (NC15), and to ban abortions for babies with Down's syndrome after 24 weeks.(NC34). SPUC's is focusing on the threat of decriminalisation.
What do the amendments do?
The text of Diana Johnson’s amendment, New Clause 1, is:
To move the following Clause—
“Removal of women from the criminal law related to abortion.
For the purposes of sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.”
This would mean a woman could carry out her own abortion at any time, for any reason. While the explanatory note claims that the amendment “would not change any law regarding the provision of abortion services within a healthcare setting, including but not limited to the time limit”, more than half of abortions are now carried out by a woman in her own home, under the pills by post policy. A woman who took abortion pills at home at any stage of pregnancy, even just before natural birth, and so ended the life of a full term baby, would not commit any offence.
The text of Stella Creasy's amendment, NC40, is:
“Abortion: Punitive Measures
(1) No offence is committed under any of the provisions mentioned in subsection (3) by— (a) a woman acting in relation to her own pregnancy, or (b) a registered medical professional acting with the explicit consent of a pregnant woman in relation to her own pregnancy, where that pregnancy has not exceeded 24 weeks.
(2) No custodial sentence may be imposed under any of the provisions mentioned in subsection (3) in relation to a woman acting in relation to her own pregnancy.
(3) For the purposes of this section, the relevant provisions are sections 58, 59, and 60 of the Offences Against the Person Act 1861, and (a) (b) the Infant Life (Preservation) Act 1929.
(4) No proceedings for an offence under any of the provisions mentioned in subsection (3) may be instituted against a woman acting in relation to her own pregnancy or a medical professional who acted in good faith and with honest belief that the woman they assisted gave them a genuine account except by or with the consent of the Director of Public Prosecutions, who must personally exercise any function of giving consent.
(5) In the event of making regulations or issuing guidance consequential to subsection (1), the Secretary of State must have regard to the need to withdraw punitive measures imposed on women who undergo abortion.”
This amendment would:
- Completely decriminalise abortion up to 24 weeks
- De facto decriminalise after 24 weeks by removing the possibility of a custodial sentence, and setting a very high bar for any other form of sentence.
- Set an equally high bar for prosecuting breaches of Section 60 of the Offences Against the Person Act - the crime of concealing the body of a baby who dies before, during or after birth. This provision is currently used when infanticide is suspected but cannot be charged due to lack of evidence.
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