abortion termination of a pregnancy before it is complete, with the purpose of destroying the foetus.

In English criminal law, procuring an abortion was a FELONY and indeed it is still subject to the provisions of the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990).

In the criminal law of Scotland it is the crime of procuring an early

2

absolute liability

termination of a pregnancy and disposal of the foetus with felonious intent. Either or both the woman and the abortionist may be charged. Under the 1967 Act, which applies in both jurisdictions, no offence is committed where the pregnancy is terminated by a registered medical practitioner if two medical practitioners are of the BONA FIDE opinion that allowing the pregnancy to continue would involve risk to the woman's life or result in injury to the physical or mental health of the woman or her family. If the foetus were to be born seriously handicapped, this too is a ground. A husband cannot prevent a wife having an abortion: Paton v. Trustees of British Pregnancy Advisory Service [1978] 2 All ER 987. Kelly v. Kelly [1997] SCT 816. Practitioners have a 'conscience clause' in the Act, which means that they do not have to be involved in performing abortions.

In the USA there was a famous decision allowing abortion, Roe v.

Wade, 410 US 113 (1973), and despite subsequent retrenchment at a practical level in Webster v. Reproductive Health Services (1989) 492 US 490, the constitutional right remains: Planned Parenthood of South- eastern Pennsylvania v. Casey, 505 US 833 (1992).

• House of Lords
• hue and cry
• human rights
• hybrid bill
• hypothec
• hypothecation
• ICC
• ICE
• ICJ
• ignorantia juris neminen excusat
• ILEX
• illegal contract
• illegal immigrant
• illegitimacy
• immigration appeal
• immigration officer
• immunity
• impeachment
• imperative theory
• imperative theory
• imperitae culpae admunertur
• implied authority
• implied condition
• imprescriptible obligations
• imprisonment