The Crime and Policing Act 2026 changed the criminal law concerning women acting in relation to their own pregnancies. It did not remove the legal framework governing the provision of abortion services. That distinction matters when assessing an investigation, professional obligations or the effect of a historic criminal record.
The change already in force
Section 241 took effect on 29 April 2026, when the Act received Royal Assent. It provides that, for the purposes of the criminal law related to abortion, a woman acting in relation to her own pregnancy does not commit an offence. The provision expressly refers to sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929. It applies irrespective of gestation.
Those provisions have not been repealed for everyone. A person's role in the events remains relevant: the protection for a woman acting in relation to her own pregnancy should not be treated as extending to another person acting outside the law.
The clinical framework continues
The Abortion Act 1967 remains in place. Section 241 does not alter the statutory grounds, applicable gestational limits or medical requirements governing the lawful provision of abortion services. Healthcare professionals must continue to consider the relevant statutory conditions and their professional and regulatory obligations.
A change to criminal liability is therefore distinct from a change to the circumstances in which a provider may lawfully offer treatment. Neither a general headline about decriminalisation nor this article can determine the position in a particular clinical case.
Pardons and criminal records have a separate start date
Section 242 makes provision for pardons relating to specified convictions and cautions, and for the deletion of relevant details from official records, where a woman was acting in relation to her own pregnancy. The record provisions also address relevant arrests and investigations, subject to the statutory definitions and practical limits on deletion.
These measures are scheduled to come into force on 16 November 2026 under regulation 3 of the Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026. They are not yet in force at this article's review date. Anyone concerned about a record, disclosure requirement or ongoing proceedings should obtain advice on the applicable provision and timing rather than assume that the record has already been removed.
Balaghi & Rose advises on criminal and regulatory matters. Contact our team if you need advice about an investigation or a question of professional responsibility. This article addresses England and Wales; the law in Scotland and Northern Ireland differs.
Editorial correction: an earlier version incorrectly described sections 58 and 59 as having been removed. The explanation above preserves the distinction between their continued existence and the protection introduced by section 241.
General information only. This article concerns England and Wales, and reflects the position checked on 26 October 2026. It is not legal advice.
