May 21, 2025

100th Episode of Double Jeopardy - Terminating the Cruelty of Victorian Era Abortion Laws: The Campaign to Decriminalise Abortion Across the UK

47 minutes

In three of the four nations of the UK, abortion remains a crime under legislation passed in 1861, subject to the exemptions from criminal liability in the Abortion Act 1967. Paradoxically, abortion was decriminalised in Northern Ireland in 2019, so that it is now seen as a matter of healthcare rather than the criminal law. Recent prosecutions in England under section 58 of the Offences Against the Person Act 1861 have reignited debate over whether abortion belongs in the criminal courts at all – https://www.theguardian.com/society/2025/may/13/i-hate-sitting-in-silence-now-nicola-packer-on-clearing-her-name-after-the-trauma-of-her-abortion-trial

https://doctorsforchoiceuk.com/abortionlaw#:~:text=UK%20abortion%20law%3A%20Overview&text=In%201967%2C%20Parliament%20passed%20the,if%20authorised%20by%20two%20doctors.

In this special 100th episode of Double Jeopardy, Ken Macdonald KC and

Tim Owen KC are joined by two leading voices in the campaign for reform: Rachael Clarke, Head of Advocacy at BPAS (the British Pregnancy Advisory Service) and Trustee of Compassion in Dying;

and Jonathan Lord, NHS Consultant Gynaecologist and Co-Chair of the Royal College of Obstetricians and Gynaecologists’ Abortion Taskforce.

Together, they explore the rise in criminal investigations into

pregnancy loss and self-managed abortion, the implications of recent cases like Carla Foster (https://www.judiciary.uk/wp-content/uploads/2023/10/20231018-R-v-FOSTER-final-approved-1.pdfand) and Sarah Catt, and the human cost of criminalising desperate women. They unpack new national policy guidance issued by the National Police Chiefs’

Council on investigating stillbirths and miscarriages; the troubling use of digital surveillance in reproductive cases, and the proposed cross-party amendment to the Crime and Policing Bill that would finally remove women from the scope of the criminal law, thereby eliminating the bizarre distinction between the law of Northern Ireland and the other nations of the UK.

What is the justification for threatening a woman with life imprisonment for ending a pregnancy?

And why has Parliament decriminalised abortion in Northern

Ireland, but not in the rest of the UK?

This episode offers insider legal and medical perspectives on one of the most polarising and poorly understood areas of UK law—at a moment when calls for reform are louder than ever.

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Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.

Ken Macdonald KC served as Director of Public Prosecutions from

2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.

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By Ken Macdonald KC and Tim Owen KC

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