Diana Johnson – 2016 Parliamentary Question to the Attorney General

The below Parliamentary question was asked by Diana Johnson on 2016-06-06.

To ask the Attorney General, what his policy is on the prosecution of women who seek a medical abortion under the Offences Against the Person Act 1861.

Jeremy Wright

Offences of using poison or instruments to cause miscarriage and supplying or procuring poison or instruments to cause miscarriage (sections 58 and 59 Offences Against the Persons Act 1861) are usually investigated by the police and, in England and Wales, prosecuted by the Crown Prosecution Service (CPS).

The CPS will only bring or continue with a prosecution where both stages of the test set down in the Code for Crown Prosecutors are met, i.e. that there is sufficient evidence to provide a realistic prospect of conviction and, if so, that a prosecution is required in the public interest.

In England and Wales, section 1 of the Abortion Act 1967 provides a defence to a prosecution under sections 58 or 59 where a pregnancy is terminated by a registered medical practitioner in accordance with the provisions of the Abortion Act 1967.