Engender blog

29 Organisations Urge Police Scotland to Reject “Disgraceful” Abortion Investigation Guidelines

This week, we united with 28 other women’s rights, health, and human rights groups to condemn UK police guidance that subjects grieving women experiencing pregnancy loss to criminal investigation.

We have written to Chief Constable Jo Farrell calling on Police Scotland to publicly reject controversial new guidelines that could subject women experiencing pregnancy loss to invasive criminal investigations, under existing abortion laws.  

The signatories – spanning women’s rights groups, abortion care providers and campaigners, healthcare bodies, human rights and equalities organisations and trade unions – have joined us in condemning the UK National Police Chiefs’ Council (NPCC) guidance on child death investigation as “disgraceful” and “misogynistic by design.”  

The updated guidance, comes after a dramatic upswing in abortion related investigation and prosecution of women in England and Wales. Earlier this week the UK Parliament moved to halt criminal sanctions against women for terminating their own pregnancies via a successful amendment to the Crime and Policing Bill.  

However, as this legislation only relates to England and Wales, a lack of clarity remains on whether these guidelines could still apply or be used in Scotland. Data published last year by Engender found that several abortion related cases have been pursued by police in Scotland in the last two decades. 

Speaking about the need for action north of the border, our Executive Director of Engender, Catherine Murphy said:  

“Women now find themselves in the perilous situation where the laws governing abortion in Scotland have not kept up with advancements like abortion medicines and reproductive tracking apps.  Police Scotland, the Crown Office and Scottish Parliament need to act urgently to end the scope for prosecutions and bring the law into the 21st century.” 

“The NPCC guidance describes women being targeted as ‘criminal suspects’ during one of the most sensitive and vulnerable experiences of their lives – pregnancy loss. It’s unconscionable.” 

The controversial NPCC guidelines outline scope for highly invasive investigation techniques including: 

• Searching women’s homes and treating them as crime scenes 

• Confiscating digital devices and reviewing personal data 

• Accessing medical records and reproductive tracking apps 

• Subjecting families to criminal investigation during bereavement 

Healthcare leaders have been unanimous in their opposition. The Royal College of Obstetricians and Gynaecologists described the guidance as “shocking,” and clinicians warn it creates a “climate of fear” among healthcare staff. 

“Women experiencing pregnancy loss need compassionate care, not criminal investigation,” said Dr Sinead Cook, Chair of the Faculty of Sexual and Reproductive Healthcare, Scotland Committee. “These methods violate fundamental rights to dignity, privacy and healthcare.” 

The letter warns that marginalised communities – including those in poverty, women of colour, disabled women, migrants, young women, LBT+ people, and those in rural areas – would be disproportionately impacted by such investigations. Evidence from England shows similar police actions have caused “life-changing harm,” resulting in severe mental health impacts, debt, and children taken into custodys. 

The World Health Organisation has explicitly called on governments to stop arrests, investigations and prosecutions for abortion and to suspend the criminal law being applied to pregnancy loss – a position supported by every major UK medical body. 

Signatories call on Police Scotland to: 

1. Publicly clarify that NPCC recommendations on abortion and stillbirth will NOT be adopted in Scotland 

2. Develop new guidance creating an effective moratorium on abortion investigations, aligned with WHO recommendations 

“Police Scotland has a choice,” said Jill Wood, Policy Manager at Engender, “They can follow the lead of health experts and human rights bodies, or they can adopt guidance that will cause demonstrable harm to women in Scotland. We urge them to choose compassion over criminalisation.” 

Signatories include Engender, Abortion Rights Scotland, Young Women’s Movement, Back Off Scotland, Humanist Society Scotland, Close the Gap, Scottish Women’s Convention, Scottish Women’s Budget Group, Zero Tolerance, Rape Crisis Scotland, Scottish Abortion Care Providers Network, Faculty for Sexual and Reproductive Healthcare Scotland, Amnesty International UK, Scottish Women’s Aid, Royal College of Midwives, STUC, Royal College of Obstetricians and Gynaecologists, Equality Network, Scottish Trans, Equate Scotland, Human Rights Consortium Scotland, British Pregnancy Advisory Service, Women’s Enterprise Scotland, Liberty, Coalition for Racial Equality and Rights, Amma Birth Companions, NUS Scotland, Health and Social Care Alliance Scotland (the ALLIANCE), Inclusion Scotland. 

Read the full letter here.