New guidance given to police officers in the UK sets out how to investigate women after pregnancy loss if they are suspected of having had an illegal abortion, including searching their homes, phones, and even menstrual tracking apps.
The document, published by the National Police Chiefs’ Council (NPCC), says that in certain cases officers should consider collecting digital evidence that might show whether a woman “knew she was pregnant” and what her “intentions” were. That includes things like internet searches, text messages, and data from period tracking apps. It also suggests that police could look for abortion pills, and potentially try to access a woman’s medical records, even without a court order.
The guidance applies to investigations into stillbirths, late miscarriages, or deaths shortly after birth; situations which may, in some cases, lead police to look into whether the law on abortion has been broken.
A previous version of the document, from 2014, made only one brief reference to the possibility of investigating a woman after a pregnancy loss. The new guidance covers it across several pages.
In England, Scotland and Wales, abortion is legal up to 24 weeks under the Abortion Act 1967, but only when approved by two doctors. Terminating a pregnancy outside of this framework still falls under the Offences Against the Person Act 1861, a Victorian law that carries a maximum sentence of life in prison. In recent years, a small but growing number of women have been prosecuted under this law, something that had been rare for decades.
The updated police guidance has raised serious concerns among healthcare professionals, reproductive rights groups and legal experts, many of whom say they were not consulted before it was published.
For abortion providers, the document has confirmed what they say they’ve been seeing in practice: more police investigations, more requests for private medical records, and more women facing prosecution. The British Pregnancy Advisory Service (BPAS) said the advice is “harrowing” and described it as proof that abortion is still being treated as a criminal issue rather than a healthcare one.
Louise McCudden of MSI Reproductive Choices said the document fuels a “culture of hostility and suspicion” around pregnancy loss and abortion. “To publish such detailed advice about how to police a legal medical procedure, without input from those who actually work in abortion care, is deeply irresponsible,” she said.
Privacy campaigners have also warned about the risks of police accessing personal data, particularly from health apps. Rhiannon White, founder of the menstrual tracking app Clue, said her company would never hand over user data to police and encouraged users to activate privacy settings like FaceID or fingerprint locks. “It is deeply alarming to see police guidance like this in the UK,” she said.
The NPCC has said the guidance is not intended to encourage routine investigations after pregnancy loss. A spokesperson said that police only get involved when there is “credible information” suggesting criminal activity, often raised by a healthcare provider. “Any investigation of this nature will always be treated with the utmost sensitivity and compassion,” they said.
But critics say the reality is different. In the last two years alone, six women have been charged in England and Wales under abortion laws, and healthcare providers report more frequent involvement from the police.
The debate over the guidance comes at a time when abortion rights are under renewed scrutiny globally and as UK MPs prepare to vote on whether to decriminalise abortion altogether. More than 30 women’s rights groups and medical organisations have called for the 1861 law to be scrapped, arguing that no one should face prison for ending a pregnancy, and that what’s needed is care, not criminal charges.
For now, the new guidance remains in place. But it’s already become a flashpoint in the wider fight over who controls the narrative (and the legal consequences) around pregnancy and abortion in the UK.
