Would decriminalisation mean deregulation?

Herring, J; Jackson, E; Sheldon, S

Would decriminalisation mean deregulation?

Herring, J Jackson, E Sheldon, S

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Publisher:: Policy Press
Publication Type:: Chapter
Citation:: Decriminalising Abortion in the UK What Would It Mean?, 2020, pp. 57-76
Issue Date:: 2020-01-01

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Field	Value	Language
dc.contributor.author	Herring, J
dc.contributor.author	Jackson, E
dc.contributor.author	Sheldon, S
dc.date.accessioned	2021-05-27T03:24:42Z
dc.date.available	2021-05-27T03:24:42Z
dc.date.issued	2020-01-01
dc.identifier.citation	Decriminalising Abortion in the UK What Would It Mean?, 2020, pp. 57-76
dc.identifier.isbn	1447354036
dc.identifier.isbn	9781447354031
dc.identifier.uri	http://hdl.handle.net/10453/149255
dc.description.abstract	Current British abortion law combines criminal prohibitions against abortion with an exception, carved out by the Abortion Act 1967, which provides that these offences do not apply where an abortion is performed in line with its requirements (see Chapter One). In the event of decriminalisation, the Abortion Act would necessarily be either very radically revised or repealed in its entirety alongside the removal of the criminal prohibitions. This has led some to worry that important safeguards against unethical or unsafe practice would be lost (for example, Caulfield, 2017: cols 30–1). In this chapter, we consider the basis for such concerns in the light of the legal regulation that would continue to apply following decriminalisation. We concentrate on the law of England, Wales and Scotland. Northern Ireland, where the Abortion Act has never applied, will be considered separately in the following chapter.
dc.format.extent	6
dc.language	en
dc.publisher	Policy Press
dc.relation.ispartof	Decriminalising Abortion in the UK What Would It Mean?
dc.rights	info:eu-repo/semantics/openAccess
dc.title	Would decriminalisation mean deregulation?
dc.type	Chapter
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
pubs.consider-herdc	false
dc.date.updated	2021-05-27T03:24:41Z
pubs.place-of-publication	UK
pubs.publication-status	Published
dc.location	UK

Abstract:

Current British abortion law combines criminal prohibitions against abortion with an exception, carved out by the Abortion Act 1967, which provides that these offences do not apply where an abortion is performed in line with its requirements (see Chapter One). In the event of decriminalisation, the Abortion Act would necessarily be either very radically revised or repealed in its entirety alongside the removal of the criminal prohibitions. This has led some to worry that important safeguards against unethical or unsafe practice would be lost (for example, Caulfield, 2017: cols 30–1). In this chapter, we consider the basis for such concerns in the light of the legal regulation that would continue to apply following decriminalisation. We concentrate on the law of England, Wales and Scotland. Northern Ireland, where the Abortion Act has never applied, will be considered separately in the following chapter.

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http://hdl.handle.net/10453/149255