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Guest Post

Guest Post: "If my amendment is passed, Nicola Packer will go down in history as the last woman in England and Wales to be prosecuted for an abortion"

1 reply

RhiannonEMumsnet · 02/06/2025 14:07

Tonia Antoniazzi MP

Tonia Antoniazzi is the Labour MP for Gower.

73% of Mumsnet users want abortion to be decriminalised which is why it was included in the GE2024 Mumsnet Manifesto - one of twelve policy asks for the new government, based on the experiences and opinions that millions of women have shared on site.

I agree.

Like many of you I’ve been horrified by the increasing number of women who’ve been arrested by police for suspected illegal abortion.

In the last five years, more than 100 women have been investigated under the ‘Offences Against the Person Act’ 1861. Eight of these women have appeared in court. One has been jailed. Among those arrested have been women who’ve suffered natural miscarriages and stillbirths, and others who have gone into unexplained premature labour.

It’s just wrong. It’s a waste of taxpayers’ money. It’s a waste of the judiciary’s time.

As the Mumsnet Manifesto said, it’s also not in the public interest to prosecute. We know that no woman ends her pregnancy out of malice – only out of desperation.

It was meeting Nicola Packer at her trial for alleged illegal abortion at Isleworth Crown Court in southwest London that strengthened my resolve to push for a change in the law. My colleague Tracy Gilbert MP and I spoke to her days before she was unanimously cleared by a jury.

Seeing Nicola in the dock, afraid and humiliated, my heart went out to her.

Nicola has been hugely traumatised by her prosecution – having maintained throughout her trial that she was unaware she was any more than 10 weeks’ pregnant. She has also spent the last four-and-a-half years waiting for her case to come to court, living in constant fear that she could go to jail.

To me it was obvious Nicola was not the suspect, but the victim. The victim of a Victorian-era law that criminalises women who end their own pregnancies.

That’s why, last month in Parliament, I tabled an amendment to the Crime and Policing Bill. A move that has the backing of more than 100 MPs and 50 organisations including Mumsnet, the British Medical Association and five medical Royal Colleges.

My amendment targets the draconian ‘Offences Against the Person Act’ of 1861. This law means abortion is still a criminal offence in England and Wales except under specific circumstances. If you try to end your own pregnancy at any gestation outside the law the maximum sentence is life in prison – the most severe penalty for an illegal abortion in the world.

In 2019 my colleagues in Westminster repealed this archaic law for Northern Ireland. My amendment will simply bring legislation up to date in England and Wales – and in line with 50 other places worldwide including Ireland, Canada, France, Australia and New Zealand.

My amendment will not, however, remove any important safeguards. The Abortion Act of 1967 will be unchanged. This means you can legally access an abortion provided you meet certain criteria: you are under 24 weeks’ pregnant, you meet one of seven medical reasons, and have your abortion signed off by two doctors. My amendment will not change any law regarding the provision of abortion services within a healthcare setting or the provision of telemedicine.

Parliament is expected to vote on the amendment in early summer. If it gets passed, all cases currently going through the criminal justice system will end. And Nicola Packer will go down in history as the last woman in England and Wales to be prosecuted for an abortion.

If you agree that abortion must be decriminalised, support my amendment by contacting your MP using this link: https://www.bpas.org/our-cause/campaigns/abortion-law-reform/

RhiannonEMumsnet · 17/06/2025 10:41

Hi all,

Thanks for your comments and questions on this post. We're happy to share a response from Tonia below.

Thanks,
MNHQ

NC1 simply disapplies women from the underlying criminal law related to abortion to solve the urgent problem of women being investigated on suspicion of ending their own pregnancies: including those who have suffered miscarriage, stillbirth or given birth prematurely. It changes absolutely nothing about how abortion is provided or the conditions set out in the Abortion Act, including the time limit, the need to meet certain criteria and to obtain the approval and signature of two doctors, and the need for women to meet one of the grounds laids out in the Abortion Act. It retains existing punishments for both medical professionals and violent partners who end a pregnancy outside of the law.

To be clear, if NC1 passes, it will still be illegal to provide an abortion after 24 weeks without it meeting one of a very small number of exceptional criteria such as a serious threat to the life of health of the woman, but women themselves will not face prosecution. NC1 is about recognising that the small number of women who end their pregnancies outside of the law are acutely vulnerable and what they need is compassion and care, not criminalisation.

NC1 is the only amendment that has been developed in consultation with abortion providers, which is backed by abortion providers, as well as the Royal Colleges of Obstetricians and Gynaecologists, Midwives, GPs, Psychiatrists, and Nursing, as well as countless violence against women and girls groups, women's rights groups, and unions. It has been crafted to solve the immediate problem of increasing numbers of women facing criminal investigations under suspicion of illegally ending their own pregnancies.

The campaign in support of NC1 is led by abortion providers themselves, all of whom support wider decriminalisation of abortion and are currently exploring the right model for England and Wales, and Scotland. In the meantime, doctors, nurses, midwives, medical bodies and abortion providers have come together in support of this simple, targeted amendment because women are facing investigations which have a devastating impact on their lives, with women separated from their children, having their names made public, and receiving death threats. Those investigated include domestic abuse survivors, possible trafficking survivors, and women who have experienced miscarriages and stillbirths.

This is a specific, urgent problem and it is simple to fix right now through NC1. Wider reform can and should happen at a later date - but in detailed consultation with the sector to ensure it is done right

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