MPs call for abortion decriminalisation in Scotland

Some Scottish politicians are already calling for changes to the abortion law in Scotland, in response to abortion being decriminalised in England and Wales via a recent amendment to the Crime and Policing Bill.

Abortion law is a devolved issue in Scotland. Whereas in England and Wales, it falls under the Offences Against the Person Act of 1861, in Scotland, abortion is governed under Common Law. There has been some confusion whether a woman could be prosecuted in Scotland for obtaining an abortion.

The decriminalisation amendment in England and Wales was put forward by Tonia Antoniazzi. ensures that a woman will not be prosecuted for obtaining an abortion after 24 weeks, regardless of the reason why, for the entire way up to full-term. It was opposed by many campaign groups, including CARE. It does not, however, remove medics from being criminalised.

Katrina Murray, the Labour MP for Cumbernauld and Kirkintilloch, argued that “There is a presumption that abortion is not a criminal offence in Scotland. It still is, it’s just a different piece of legislation. It is still there within common law.”

She continued: “I want to get to a stage where we get consistency in the law in all four countries of the UK. We’ve now potentially got decriminalisation in England and Wales. We need Scottish law to catch up. It needs to happen before the Scottish Parliament elections in 2026.”

Time limits in Scotland are also different to those in England: In Scotland, an abortion can only be sought beyond 20 weeks if the woman’s life is at risk, or the unborn child suffers from a foetal abnormality.

The Scottish government has already set up an expert group to review abortion law, and to make a recommendation on whether it ought to be altered. It is expected to make any proposals at the end of August or beginning of September.