💥 Everything You Need to Know About the Abortion Amendment in the Lords
The fight for abortion rights has reached the House of Lords. A long-overdue amendment to the Crime and Policing Bill could finally end the criminalisation of women — but opponents are trying to strip it out.
This is the most significant step toward abortion law reform in England and Wales in half a century, and it’s under threat in the House of Lords right now.
The Crime and Policing Bill, a repressive piece of Home Office legislation, has become the vehicle for an amendment that would decriminalise abortion for women.
After decades of campaigning and a historic Commons vote in June, the amendment is finally in the Lords. But opponents are trying to slow it down, distort it, or delete it altogether.
Here’s what’s really happening and why it matters.
⚖️ What the Amendment Actually Does
It’s simple:
- It removes criminal penalties for a woman who ends her own pregnancy.
- It does not change the existing time limits or medical framework set by the 1967 Abortion Act – including the 24-week limit for most cases, and exceptions for serious risk to life, health, or severe foetal anomaly.
- The reform represents progress, yet it stops short of full decriminalisation — abortion would remain within the framework of the 1861 Act, unlike in NI, where those provisions have been repealed.
Right now, abortion remains a criminal offence under the Offences Against the Person Act 1861 — a Victorian law written before women could vote or access modern medicine. It should be noted that this archaic law will remain for anyone accused of helping a woman have an abortion, even if the amendment passes.
🏛️ What’s Happening in the Lords
Peers have begun debating the Bill and while many back the change, a vocal minority are working to block it from progressing. Their main arguments are that abortion doesn’t belong in a crime Bill and that the legislation has been “rushed”.
But the pro-choice movement argues that criminal law is precisely what’s punishing women.
This is not a “backdoor” reform, nor a hasty one. It’s an overdue correction to a 160-year-old injustice that campaigners, doctors and legal experts have been calling out for decades.
“Abortion is healthcare — it should be treated as such, not as a criminal matter,” said Baroness Thornton, Labour’s equality spokesperson in the Lords.
🚨 What the Opposition Is Saying — and Why It’s Wrong
“It allows abortion up to birth.”
❌ False. It decriminalises women, not doctors. Later abortions outside medical supervision would still be illegal.
“It removes safeguards.”
❌ Misleading. All medical regulations – including two-doctor approval, clinical standards, reporting, and time limits – remain in place.
“It’s being rushed.”
❌ Untrue. Decriminalisation has been debated for over a decade, supported by medical bodies, lawyers and public-health experts.
“It’s morally wrong.”
✅ That’s a personal belief, not public policy. Polling shows most people in Britain believe women should never face prosecution for ending their own pregnancies.
Only 21% of Britons support prosecution and among women under 40 (those most likely to experience pregnancy), it’s just 13%.
Source – YouGov 2023
💪 Why This Reform Matters
- Because abortion is healthcare. Criminal law has no place in personal medical decisions.
- Because women are still being prosecuted. At least three cases in the last two years – including one following miscarriage.
Abortion provider MSI Reproductive Choices says it knows of up to 60 criminal inquiries in England and Wales since 2018, compared with almost none before.
Source – BBC News 2024 - Because the law is outdated. It’s time to replace criminalisation with compassion.
“The public has moved on — the law hasn’t.”
🚨 Why the Crime and Policing Bill Is a Problem
The Crime and Policing Bill is sprawling and heavy-handed – over 400 pages and 200 clauses covering everything from retail theft to pornography regulation.
It rings alarm bells for anyone concerned about human rights, democracy and freedom.
Here’s why campaigners, lawyers, and peers see it as deeply problematic:
⚖️ 1. It Expands Police Power and Undermines Civil Liberties
The Bill massively increases police powers – from facial-recognition surveillance and widened stop-and-search to new restrictions on the right to protest.
It builds on earlier “crackdown” laws such as the Police, Crime, Sentencing and Courts Act 2022 and Public Order Act 2023, both condemned for curbing protest and free expression.
🗣 Baroness Jones of Moulsecoomb said it “hands far too much power to the police and the Home Secretary with far too little scrutiny.”
Civil-liberties groups, including Liberty, Amnesty International UK, and JUSTICE, have all warned that the Bill normalises surveillance, restricts protest and risks breaching the European Convention on Human Rights.
The Joint Committee on Human Rights has raised similar concerns, and even former senior Met officers such as Lord Blair (Commissioner) and Lord Paddick (Deputy Assistant Commissioner) have urged ministers to rethink the legislation, warning that it undermines public trust and accountability.
🧩 2. It’s a Frankenstein Bill
Peers from all parties call it a “Christmas-tree Bill” – a dumping ground for unrelated measures.
It stitches together organised-crime laws, public-order restrictions, immigration clauses, and ‘moral’ legislation.
That’s why abortion-rights advocates argue the amendment didn’t “hijack” the Bill – it was already incoherent.
💰 3. It Fails on Justice and Prevention
Despite its title, the Bill does little to support victims or reduce crime.
It focuses on punishment and control rather than prevention, community policing, or rehabilitation.
Legal experts call it “law-and-order populism” – all politics, no policy.
🧨 4. It Distracts from Real Reform
By trying to tackle everything at once — from fraud and knife crime to abortion — it risks doing nothing well.
The abortion clause is one of the few measures that actually modernises the law.
Scrapping it while keeping the rest would double down on the Bill’s worst aspects.
🔥 Conclusion: The Crime and Policing Bill expands state control while narrowing personal freedom.
The abortion amendment is one of the only parts that could make life safer and fairer – especially for women.
🏛️ Heroes & Zeros: Where Do Peers Stand?
As the Lords debate continues, some peers are showing real leadership — while others are spreading myths and fear.
💥 HEROES – Standing Up for Women’s Rights
Baroness Barker – Liberal Democrat champion for women’s and LGBTQ+ rights. She argued that “the criminal law is a blunt instrument for healthcare” — and that no woman should be treated as a criminal for managing her own pregnancy.
Baroness Thornton – Labour’s voice for equality and health in the Lords. She calls the amendment “a necessary step to bring abortion law into the 21st century” and rejects scare stories about “abortion up to birth” as deliberate misinformation.
Baroness Sugg – A Conservative peer who has consistently supported reproductive rights and recognised that criminalising women is unjust and outdated. Her cross-party leadership shows how broad the consensus for reform has become.
Lord Cashman – Long-time equality advocate who reminded peers that criminalisation “falls hardest on the vulnerable” and said it’s time to treat abortion as healthcare, not a crime.
Royal College of Obstetricians and Gynaecologists (RCOG) – The UK’s leading body of doctors for women’s health urged peers to back decriminalisation, calling it “vital to protect women from criminal investigation following miscarriage or self-managed abortion.”
🚫 ZEROS — Blocking Progress & Spreading Fear
Viscount Hailsham – A Conservative peer leading the opposition, claiming the amendment enables “abortion right up to the moment of birth” — a claim that’s simply untrue.
Lord Farmer – Prominent in anti-abortion circles, he argues the clause removes “vital safeguards”. In reality, it removes only criminal penalties for women – nothing more.
Lord Jackson of Peterborough – Declared: “We already have one of the most permissive abortion laws in the world”. He added that reform stems from “an ideological commitment to presenting abortion as healthcare,” and doubled down: “Even though prosecution of mothers for unlawful abortions is incredibly rare, the existence of a criminal framework sends a vital message that ending the life of an unborn person is a serious matter.”
Baroness O’Loan – Claimed that “prosecution is the least important issue” in this debate, insisting women’s safety should take priority. Supporters of the amendment point out that safety and decriminalisation go hand in hand – women cannot be safe if they face criminal investigation for seeking care.
Lady Monckton – Associated with religious pressure groups, she has tabled an amendment to delete the clause entirely, calling it “extreme social change”. Her rhetoric mirrors US-style misinformation campaigns.
🕰 What Happens Next
The Lords will continue line-by-line scrutiny of the Bill this autumn. Opponents such as Baroness Spielman have already signalled plans to table amendments to delay or remove the abortion clause.
If that happens, the Commons, which passed the measure with a 379 – 137 majority, can send it straight back.
💬 The Takeaway
The real danger here isn’t decriminalising abortion – it’s keeping women trapped under Victorian-era criminal laws.
Ending prosecutions of women for ending their own pregnancy isn’t radical; it’s responsible, compassionate and overdue.
It’s how we finally start to bring the law in line with reality and on the side of care, not punishment.