I this video I look at how the crime of procuring a miscarriage (an offence under section 58 of the Offences Against the Person Act 1861) is being used today. In previous videos I have talked about the history of the law and the reasons why a woman ends her pregnancy illegally. What is clear from looking at recent cases is that these factors are rarely taken into account when procuring a miscarriage is charged and then a woman is convicted of the crime and sentenced. Instead, the offence is being understood as a crime against the foetus. Not only is this interpretation of the law contrary to parliament’s intention, but it also has worrying implications for women and their unborn children.
Tag: Crime
We need to talk about the history of ‘procuring a miscarriage’
The offence of ‘procuring a miscarriage’ (section 58 of the Offences Against the Person Act 1861) criminalises the ending of a pregnancy at any point in gestation. The imprisonment of a woman for this crime in June 2023 has sparked a public debate about the role of the criminal law in the regulation of abortion. For us to have an informed discussion about the offences of procuring a miscarriage we need to understand the history of the law and why the crime was created by Parliament. In this video I discuss the background to the law, and the reasons Parliament wanted to criminalise abortion back in the 1860s.
To understand more about why abortion is illegal in England and Wales, take a look at this video.
Why do women have illegal abortions?
On the 12 June 2023, a woman was imprisoned for 28 months for taking abortion pills at 32-34 weeks of pregnancy. Many people were shocked by the outcome of this case. In this video, I discuss the situations that lead a woman to take steps to end her pregnancy late in gestation.
Watch this video to find out why abortion is illegal in England and Wales.
This video explains how the Abortion Act 1967 allows abortion to be legal.
How do you make your abortion legal?
As we explored in video 1, abortion is illegal in Britain. Ending a pregnancy becomes legal if it is performed in line with the requirements outlined in the Abortion Act 1967. But, the law only makes it legal for a doctor to provide an abortion. The law does not give women the right to access abortion, as I explore in this video.
If you are pregnant and you need help and support, including advice about abortion, then contact the British Pregnancy Advisory Service or MSI Reproductive Choices UK.
With thanks to Dr Elizabeth Chloe Romanis for her input into this video.
Did you know that it is illegal to have an abortion in Britain?
Yes, I’m being serious: in Britain abortion is a crime. In England and Wales, Section 58 of the Offences Against the Person Act 1861 makes it illegal for both women and any other people (including doctors and midwives) to end the pregnancy of a woman at any point. Abortion is illegal in Scotland under case law.
But (I can hear you say) women have abortions all the time, how can it be illegal? Take a look at the video to find out.
If you are pregnant and you need help and support, including advice about abortion, then contact the British Pregnancy Advisory Service or MSI Reproductive Choices UK.
Dr Emma Milne 