Member

426B: After Clause 208, insert the following new Clause— “Provisions for pardons and criminal records of women prosecuted under abortion law(1) The Policing and Crime Act 2017 is amended as followed.(2) After section 165 (Other pardons for convictions etc of certain abolished offences: England and Wales), insert—“165A Pardon and expungement of records for women under the law related to abortion(1) Subsections (2) and (3) apply in respect of a woman (whether living or deceased) who, when acting in relation to her own pregnancy, was convicted of, cautioned for, arrested for, or investigated on suspicion of, an offence under the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861, and the Infant Life (Preservation) Act 1929.(2) Where the woman has been convicted of, or cautioned for, an offence detailed in subsection (1), she is pardoned for the offence.(3) The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a conviction, caution, arrest, or investigation detailed in subsection (1).(4) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).”(3) In section 167 (Sections 164 to 166: supplementary)—(a) in subsection (1) after “165” insert “ or 165A”;(b) in subsection (2) after “165” insert “ or 165A”.” Member’s explanatory statement Abortion offences are classed as violent crimes meaning they will permanently be disclosed as part of a DBS check. This amendment seeks to pardon women who have a conviction or caution for an offence which Clause 208 applies to. It would also ensure the removal of women’s details from police systems, regardless of the outcome of their case.