The Future of Abortion in Scotland: Is there a Continuing Role for the Criminal Law?

Abortion remains a criminal offence in Scotland, regulated not by statute but by the common law, and permitted only through a vague and underdefined 'therapeutic exception'. While recent developments in England and Wales signal a shift towards decriminalisation-prompted by rising prosecutions and renewed commitments to bodily autonomy-Scotland's legal framework remains obscure, outdated, and largely unscrutinised. This article provides comprehensive doctrinal analysis of abortion as a criminal offence in Scots law. For the first time in Scots law literature, it is argued that the legal uncertainty surrounding the scope and application of the offence, including its supposed 'therapeutic exception', undermines access to care, exposes patients and practitioners to legal risk, and impedes meaningful reform. Contrary to previous claims that Scotland's quieter legal record reflects a more lenient or effective approach, this article contends that continued criminalisation-however latentcreates unacceptable barriers to reproductive healthcare. In light of evolving human rights norms and domestic reform efforts, the article concludes that Scotland must confront the question of decriminalisation with urgency and clarity.