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.
