Fact check: Amendment would stop prosecutions of women for getting abortions

A widely shared post on social media claimed MPs “are voting to legalise abortion up to BIRTH. No limits. No safeguards.”

The poster also said: “On 4 July, Parliament will vote on a law that would: Remove ALL criminal penalties for abortion.”

They added: “Under MP Diana Johnson’s amendment: No time limits. No gestational protections. No punishment for abortions at 7, 8, even 9 months.”

Evaluation

The proposal being discussed was not tabled by Diana Johnson, nor is there any evidence Parliament will be voting on it on July 4.

It also does not remove all criminal penalties for abortion and maintains most of the limits that are currently in place.

If the amendment is made into law it will still be illegal for a woman to terminate her pregnancy outside of the current rules – which among other things limit abortions after 24 weeks into a pregnancy – but her actions would be decriminalised, meaning she would not be punished.

However doctors who perform abortions which are not permissible under current laws could still be punished.

The facts

Who has tabled the amendment?

The poster initially said that the changes could come under an amendment from Diana Johnson MP. Ms Johnson did table an amendment to the last Government’s criminal justice bill, however that bill – and therefore the amendment – was abandoned when the election was called.

In a reply to another user, the original poster instead said they were referring to an amendment which “has been tabled by Tonia Antoniazzi to the government’s Crime & Policing Bill.”

Ms Antoniazzi has indeed filed an amendment to the current crime and policing bill which is making its way through Parliament. The two amendments are very similar in their wording, although not identical.

What does the amendment say?

Ms Antoniazzi’s amendment is called NC1 and reads: “Removal of women from the criminal law related to abortion. For the purposes of the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.”

Ms Antoniazzi’s explanatory note which accompanies the amendment states that the change would “disapply existing criminal law” on abortion from “women acting in relation to her own pregnancy.”

This is at any point in the pregnancy, the note states.

It adds: “It would not change any law regarding the provision of abortion services within a healthcare setting, including but not limited to the time limit, telemedicine, the grounds for abortion, or the requirement for two doctors’ approval.”

What does the current law on abortion say? 

The 1967 Abortion Act made abortion legal in some circumstances. In its current form the act allows an abortion if the pregnancy is terminated by a registered medical practitioner, and as long as the woman is not more than 24 weeks pregnant.

The act also sets other restrictions on when an abortion can be legally carried out, including the need for sign-off by two registered medical practitioners.

Outside of the parameters in which the 1967 act made abortion legal in certain circumstances, the practice is still governed by acts passed in 1929 and 1861 which can punish abortion with life imprisonment.

When will the amendment be voted on? 

The Crime and Policing Bill, which this amendment has been attached to, has passed its first and second reading in the House of Commons. It is currently in the so-called report stage and a third reading in the Commons is due to happen “on a date to be confirmed”.

In a first reading the bill is presented to the Commons and not debated. The bill’s general principles are debated at the second reading, then amendments come at committee and report stage. At the third reading MPs decide on whether to pass the bill. If they do it then goes onto the House of Lords.

At the time of writing there was no sign of the crime and policing bill on the House of Commons schedule for July 4. In fact that day is a Friday and the House of Commons normally only sits on Mondays to Thursdays, sometimes sitting on Fridays to consider private member’s bills. The crime and policing bill is not a private member’s bill.

Would this legalise abortion up to birth? 

No, the bill would decriminalise abortion up to birth for the pregnant woman, not legalise it. Decriminalising something means that while it is still illegal, breaking that law does not carry any penalty.

The suggested amendment would only deal with “a woman acting in relation to her own pregnancy”. Therefore the amendment does not change the current law on whether doctors can provide an abortion after 24 weeks.

Other safeguards around legally provided abortions remain unchanged. Doctors and others who provided an abortion outside of the legally defined parameters could still be punished. It is just the pregnant woman who would escape punishment in such a scenario.

Links

Thread of posts on X (archived)

UK Parliament – Dame Diana Johnson’s amendment (archived)

UK Parliament – Criminal Justice Bill, news (archived)

Post referring to amendment (archived post and thread)

House of Commons – Crime and Policing Bill, Amendment Paper (archived)

Criminal Justice Bill – Cross-party amendment briefing (archived)

Legislation.gov.uk – Abortion Act 1967 (archived)

Legislation.gov.uk – Infant Life (Preservation) Act 1929 (archived)

Legislation.gov.uk – Offences against the Person Act 1861, section 58 (archived)

Legislation.gov.uk – Offences against the Person Act 1861, section 59 (archived)

UK Parliament – Crime and Policing Bill, details (archived)

UK Parliament – Crime and Policing Bill, news (archived)

UK Parliament – Bill stages (archived)

UK Parliament – What’s on: Friday 4 July 2025 (archived)

Gov.uk – Guide to Parliamentary Work (archived)

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