Sensemaker What’s behind changes to the abortion law in England and Wales?
Mar 26, 2026
Phoebe Davis, Reporter for The Observer who investigated prosecutions under the Offences Against the Person Act. She explains why prosecutions have risen and how police investigations work. She shares a personal story of someone prosecuted and describes what the Lords vote would change for women after 24 weeks. She outlines political debate and the continuing investigations until law changes take effect.
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Antique Law Still Used To Prosecute Women
- The Offences Against the Person Act 1861 still allowed women to be prosecuted for abortions after 24 weeks while medical professionals were rarely targeted.
- Phoebe Davis notes prosecutions were rare historically but have increased recently, exposing women to criminal sanction under an antiquated law.
Woman's Four Year Investigation And Trial
- Nicola Packer described the ordeal of a four-year police investigation and a three-week trial that left her traumatised.
- She was ultimately found not guilty but said the process destroyed trust in NHS staff and left her avoiding medical care.
Rise In Invasive Investigations Since 2022
- Investigations into suspected illegal abortions have become more frequent, with six women appearing in court in three years to June 2025.
- Phoebe Davis reports probes include invasive searches of phones, Google histories, and naked images used in court, causing prolonged trauma.