The 1967 Abortion Act is a bad law. But it did not make all abortions legal, nor did it give women a right to abortion. Outside the terms of the 1967 Abortion Act, abortion is a criminal offence under OAPA. In theory, the 1967 Act set limits on the grounds under which an abortion can be performed. In practice, those limits are ignored by both doctors and the Department of Health, which has resulted effectively in abortion on demand at least below 24 weeks.

Each year around 98% of abortions are performed under Ground C of the Abortion Act: that continuing the pregnancy and having the baby entails greater risk to the health (often seen as the mental health) of the woman than having an abortion.

A pregnancy being “unwanted” is classed as a risk and a proper assessment of the woman’s mental health is rarely made. Women with a history of psychiatric ill health are over-represented among those who have abortions. Rubber-stamping abortion forms, particularly under the DIY abortion policy, can leave women in an even more vulnerable position regarding their mental health.

Jade Rees, 21, committed suicide only weeks after having an abortion. Jade had a history of mental health problems and yet, under the 1967 Act, two doctors approved Jade’s abortion papers “in good faith” on the basis that abortion would pose a lesser risk to her health.