Abortion Flashcards
184,571 abortions in 2014
England and Wales abortion stat 2014
23 abortions only
> 800 women travelled to England for abortion in 2014.
Northern Ireland abortion stat 2013/14
Offences Against the Person Act 1861 S.58
s.b. page 8
Offence of administering drugs or using instruments to procure miscarriage.
Whether administered by woman herself or another person - punishable by life imprisonment.
Offences Against the Person Act S.59
s.b. page 9
Offences of procuring drugs to cause abortion - punishable up to 5 years - supplying drugs or instruments knowing that it is intended that they will be used to procure the miscarriage of any woman.
R. v ERIN [2013]
Doctor having affair - tried to procure miscarriage by placing miscarriage-inducing drugs in mistress’ juice and coffee.
Convicted under S.58 and S.59 of OAPA 1961
SHOWS THAT DESPITE NEW(ER) LEGAL FRAMEWORK - PEOPLE CAN STILL, RARELY BUT POSSIBLE, BE PROSECUTED UNDER THE OAPA OFFENCES.
Infant Life (Preservation) Act 1929 S.1. + S.2.
s.b. page 17
Anyone who, with intent, destroys life of a child capable of being born alive, liable for life imprisonment.
UNLESS PERSON WAS ACTING IN GOOD FAITH FOR THE SOLE PURPOSE OF PRESERVING THE LIFE OF THE MOTHER.
Addressed legal loophole of killing during birth - where not yet a person for the actus reus of murder, but not foetus either.
STATUTE STILL APPLICABLE IN N.I.
(Not in England and Wales)
R. v BOURNE [1939]
Jury directed that Dr had duty to perform abortion operated if, on reasonable grounds and adequate knowledge, he was of the opinion that the probable consequence of the continued pregnancy of the mother wold make her ‘A PHYSICAL AND MENTAL WRECK’.
Creative interpretation of ‘preserving the life of the mother’ in the Infant Life (Preservation) Act 1929
CASE REMAINS APPLICABLE IN N.I.
ABORTION ACT 1967
s.b. page 33
EXISTING LEGAL FRAMEWORK - doesn’t actually legalise abortion per se, but rather creates 4 statutory defences
(1) Provided that 2 doctors form the opinion (in good faith)
(a) pregnancy not exceeded 24th week and continuance would involve RISK, greater than if pregnancy was terminated, of injury to physical/mental health of pregnant woman/members of her family.
(b) termination is necessary to prevent grave permanent injury…
(c) continuance - risk to life of woman
(d) baby would be born with physical/mental abnormalities.
(4) If in emergency, then 1 doctor can make decision, if in good faith, that termination is immediately necessary to save life/prevent grave physical/mental injury to the woman.
Human Fertilisation and Embryology Act 1990
Amended s.1(1)(a) of Abortion Act 1967 - reduced upper time limit on most abortions from 28 weeks to 24 weeks.
