Crime and Policing Bill

Judith Cummins Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

This amendment enables a court, where it considers that it is in the interests of justice to do so, to discharge on a provisional basis a confiscation order made under legislation that pre-dates the Proceeds of Crime Act 2002 and to revoke such a provisional discharge.

[Madam Deputy Speaker (Judith Cummins)]

We now move on to the second part of today’s proceedings, on new clauses and amendments relating to abortion. Before I call Tonia Antoniazzi to move new clause 1, I inform the House that new clause 20 in the name of Stella Creasy, which will be debated as part of this group, will fall if the House agrees to new clause 1.

New Clause 1

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.”—(Tonia Antoniazzi.)

This new clause would disapply existing criminal law related to abortion from women acting in relation to her own pregnancy at any gestation, removing the threat of investigation, arrest, prosecution, or imprisonment. 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.

Brought up, and read the First time.

[Tonia Antoniazzi (Gower) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Judith Cummins)]

With this it will be convenient to discuss the following:

New clause 20—Application of criminal law of England and Wales to abortion (No. 2)—

“(1) The Secretary of State must ensure that the recommendations in paragraphs 85 and 86 of the CEDAW report are implemented in respect of England and Wales.

(2) Sections 58, 59 and 60 of the Offences Against the Person Act 1861 are repealed under the law of England and Wales.

(3) The Infant Life Preservation Act 1929 is repealed.

(4) No investigation may be carried out, and no criminal proceedings may be brought or continued, in respect of an offence under those sections of the Offences Against the Person Act 1861 or under the Infant Life Preservation Act 1929 under the law of England and Wales (whenever committed).

(5) The Abortion Act 1967 is amended as follows.

(6) In section 6 remove, ‘sections 58 and 59 of the Offences Against The Person Act 1861, and’.

(7) Notwithstanding the repeal of the criminal law relating to abortion, the provisions of sections 1 to 4 of the Abortion Act 1967 remain in place except that that section 1 is amended so as to remove the words ‘a person shall not be guilty of an offence under the law relating to abortion when’ and replaced with ‘a pregnancy can only be terminated when’.

(8) The Secretary of State must (subject to subsection (9)) by regulations make whatever other changes to the criminal law of England and Wales appear to the Secretary of State to be necessary or appropriate for the purpose of complying with subsection (1).

(9) But the duty under subsection (8) must not be carried out so as to—

(a) amend this section,

(b) reduce access to abortion services for women in England and Wales in comparison with access when this section came into force, or

(c) amend section 1 of the Abortion Act 1967 (medical termination of pregnancy).

(10) The Secretary of State must carry out the duties imposed by this section expeditiously, recognising the importance of doing so for protecting the human rights of women in England and Wales.

(11) In carrying out the duties imposed by this section the Secretary of State must have regard in particular to the United Nations Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights in considering what constitute the rights of women to sexual and reproductive health and to gender equality.

(12) The Secretary of State may (subject to subsection (9)) by regulations make any provision that appears to the Secretary of State to be appropriate in view of subsection (2) or (3).

(13) For the purpose of this section—

(a) ‘the United Nations Convention on the Elimination of All Forms of Discrimination against Women’ or ‘the Convention on the Elimination of All Forms of Discrimination against Women’ means the United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted by United Nations General Assembly resolution 34/180, 18 December 1979;

(b) ‘the International Covenant on Economic, Social and Cultural Rights’ means the International Covenant on Economic, Social and Cultural Rights 1966, adopted by United Nations General Assembly resolution 2200A (XXI), 16 December 1966; and

(c) ‘the CEDAW report’ means the Report of the Inquiry concerning the United Kingdom of Great Britain and Northern Ireland under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/OP.8/GBR/1) published on 6 March 2018.”

New clause 106—Abortion: requirement for in-person consultation—

“In section 1(3D) of the Abortion Act 1967, omit ‘, by telephone or by electronic means’.”

This new clause would mean that a pregnant woman would need to have an in-person consultation before lawfully being prescribed medicine for the termination of a pregnancy.

Amendment 17, in clause 167, page 186, line 36, leave out “or 112” and insert—

“112 or [Application of criminal law of England and Wales to abortion Amendment 2]”.

Amendment 1, in clause 170, page 189, line 22, after subsection (2)(c) insert—

“(ca) section [Removal of women from the criminal law related to abortion].”

This amendment is conditional on the introduction of NC1. It would bring the new law into force on the day the Act is passed.

Amendment 18, page 189, line 22, at end insert—

“(ca) [Application of criminal law of England and Wales to abortion No. 2];”.

[Tonia Antoniazzi]

Nearly five years ago, having suffered a rare complication in her abortion treatment, Nicola Packer lay down in shock, having just delivered a foetus at home. Later arriving at hospital, bleeding and utterly traumatised, she had no idea that her ordeal was about to get profoundly worse and that her life would be torn apart. Recovering from surgery, Nicola was taken from her hospital bed by uniformed police officers in a police van and arrested for illegal abortion offences. In custody, her computers and phone were seized, and she was denied timely access to vital anti-clotting medication.

What followed was a four-and-a-half year pursuit by the police and the Crown Prosecution Service that completely overshadowed Nicola’s life, culminating in her being forced to endure the indignity and turmoil of a trial. She spent every penny she had funding her defence. The most private details of her life were publicly aired, and she had to relive the trauma in front of a jury—all that ultimately to be cleared and found not guilty.

Nicola’s story is deplorable, but there are many others. Laura, a young mother and university student, was criminalised for an abortion forced on her by an abusive partner. He coerced her into taking abortion pills bought illegally online, rather than going to a doctor. Laura describes his violent reaction to her pregnancy:

“he grabbed hold of me, pushed me against the wall, was just screaming in my face…pulling my hair and banging my head off the wall”.

Laura nearly died from blood loss as a result of the illicit medication he had coerced her into taking. When she was arrested, her partner threatened to kill her if she told anyone of his involvement. Laura was jailed for two years; the partner was never investigated by the police.

Another woman called an ambulance moments after giving birth prematurely, but instead of help, seven police officers arrived and searched her bins. Meanwhile, she tried to resuscitate her baby unassisted, who was still attached to her by the umbilical cord. While the baby was in intensive care, she was denied contact; she had to express breast milk and pass it through a door. She tested negative for abortion medication—she had never taken it. Rather, she had gone into spontaneous labour, as she had previously with her other children. She remained under investigation for a year.

One of my constituents discovered that she was pregnant at seven months—she had no symptoms. She was told that she was too late for an abortion. She had seen reports of women being investigated after miscarriages or stillbirths based on their having previously been to an abortion clinic. She spent the rest of her pregnancy terrified that she would lose the baby and be accused of breaking the law. When labour began, she even delayed seeking medical help out of fear.