Co-authored by Angus Moon KC, Debra Powell KC and Elizabeth Fox.
Contents
- A Statutory framework 9.1
- Offences Against the Person Act 1861 9.2
- Infant Life (Preservation) Act 1929 9.3
- Abortion Act 1967 9.4
- Human Fertilisation and Embryology Act 1990 9.5
- B Particular issues of compliance with the Abortion Act 1967 conditions 9.6
- Conscientious objection 9.6
- Multiple foetuses 9.7
- Does the procedure have to be successful to be lawful? 9.8
- Does the procedure have to be performed by a medical practitioner? 9.9
- Certification of medical opinion 9.10
- The grounds 9.11
- Risk of injury to the mother greater than if pregnancy terminated: s 1(1)(a) 9.11
- Termination is necessary to prevent grave permanent injury: s 1(1)(b) 9.15
- Risk to life of pregnant woman greater than if the pregnancy were terminated: s 1(1)(c) 9.16
- Substantial risk of the child being seriously handicapped from physical or mental abnormalities: s 1(1)(d) 9.17
- The place of treatment 9.18
- C The patient’s consent 9.19
- Capacitous adults 9.20
- Children 9.21
- Incapacitous adults 9.22
- Determining capacity: termination of pregnancy 9.23
- Best interests: termination of pregnancy 9.24
- Use of force: non-consensual incapacitous patients 9.28
- Procedure and evidence 9.29
- Making an application 9.29
- Timing of the application 9.30
- Important considerations for the court 9.31
- D Conclusion 9.34