New evidence that increasing numbers of women are being investigated by police on suspicion of having procured abortions illegally is a worrying reminder of all that is wrong with the current law. The 28-month prison sentence imposed on Carla Foster, who was convicted of terminating a pregnancy at between 32 and 34 weeks, prompted widespread criticism and was reduced and suspended on appeal. But while this was an unusual case, it was not unique. This year, at least five women have appeared in English courts charged under section 58 of the 1861 Offences Against the Person Act, which criminalises abortions that do not come under the terms of the 1967 Abortion Act. Previously, there had been just three prosecutions in more than 150 years.
What has caused this shift is uncertain. But campaigners for decriminalisation believe longstanding concerns about the status quo are being proved correct. While the law on abortion in England, Scotland and Wales has hardly changed since 1990, when the upper limit was lowered to 24 weeks, the context has altered in significant ways.
