New Clause 1 and the politics of abortion law reform

On 17 June 2025, Members of Parliament voted to accept New Clause 1 (NC1) to the government’s Crime and Policing Bill. If enacted, NC1 will prevent the investigation, prosecution, and conviction of women who terminate their own pregnancies in England and Wales. In the light of a recent increase in investigations, prosecutions, and convictions, the importance of this reform must not be understated. Nevertheless, existing legal hurdles to accessing abortion will continue to exist. Substantive reform of the Abortion Act 1967 is required to advance reproductive rights, but this cannot be achieved through an amendment to an existing Bill. Such amendments must be narrowly defined to succeed, as NC1 demonstrates. Moreover, there are very few viable alternative routes to reform available given the government’s reluctance to take responsibility for abortion law reform. Therefore, it is currently virtually impossible to achieve comprehensive reform of English and Welsh abortion law.

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Publication Details

Journal
Medical Law International
Published
2025-11-15
DOI
https://doi.org/10.1177/09685332251393796
Primary Topic
Reproductive Health and Contraception
Type
article
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0.00
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article

New Clause 1 and the politics of abortion law reform

Emily Ottley
Medical Law International
Reproductive Health and Contraception
article

New Clause 1 and the politics of abortion law reform

Emily Ottley
article en

Abstract

On 17 June 2025, Members of Parliament voted to accept New Clause 1 (NC1) to the government’s Crime and Policing Bill. If enacted, NC1 will prevent the investigation, prosecution, and conviction of women who terminate their own pregnancies in England and Wales. In the light of a recent increase in investigations, prosecutions, and convictions, the importance of this reform must not be understated. Nevertheless, existing legal hurdles to accessing abortion will continue to exist. Substantive reform of the Abortion Act 1967 is required to advance reproductive rights, but this cannot be achieved through an amendment to an existing Bill. Such amendments must be narrowly defined to succeed, as NC1 demonstrates. Moreover, there are very few viable alternative routes to reform available given the government’s reluctance to take responsibility for abortion law reform. Therefore, it is currently virtually impossible to achieve comprehensive reform of English and Welsh abortion law.

Medical Law InternationalVol. 26(1)
University of Winchester (GB)
Openalex Percentile: Top 55%
Reproductive Health and Contraception
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