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PART
14 — ABORTION OFENCES
Abortion
234.—(1)
A person commits an indictable offence if he or she unlawfully performs an
abortion.
Penalty — Imprisonment for 14 years.
(2)
The performance of an abortion by a medical practitioner is not unlawful for
the purposes of this section
if —
(a)
the abortion is
performed by a medical practitioner in good faith and with reasonable care and
skill;
and
(b)
the pregnancy is the
result of sexual intercourse between—
(i) a parent and child; or
(ii)
a brother and sister (whether of the whole blood or
half blood); or
(iii)
a grandparent and grandchild; or
(c)
the pregnancy is the
result of sexual intercourse that constitutes the offence of rape under this
Decree.
(3)
In this section—
“medical practitioner” means any person lawfully registered
under a law of
practitioner.
(4)
A reference in this section to performing an abortion includes a reference to—
(a)
attempting
to perform an abortion; and
(b)
doing any act with
intent to procure an abortion, whether or not the woman concerned is pregnant.
(5)
Subject to sub-section (9), the performance of an abortion is justified for the
purposes of this section if—
(a)
serious danger to the
physical or mental health of the woman concerned will result if the abortion is
not performed; or
(b)
the pregnancy of the
woman concerned is causing serious danger to her physical or mental health.
(6)
Sub-section (5)(a),
(b) or (c) do
not apply unless the woman has given informed consent, or in the case of
paragraphs (b)
or (c) it is impracticable
for her to do so.
(7)
In this section—
“informed consent” means consent freely given by the woman
where—
(a)
a medical practitioner
has properly, appropriately and adequately provided her with counselling about
the medical risk of termination of pregnancy and
of carrying a pregnancy to term;
(b)
a medical practitioner
has offered her the opportunity of referral to appropriate and adequate counselling
about matters relating to termination of pregnancy
and carrying a pregnancy to term, if such counselling
is available to the woman.
(8)
A reference in sub-section (7) to a medical practitioner does not include a
reference to—
(a)
the medical practitioner
who performs the abortion; nor
(b)
any medical practitioner
who assists in the performance of the abortion.
(9)
If at least 20 weeks of the woman’s pregnancy have been completed when the
abortion is performed, the
performance of the abortion is not justified
unless—
(a)
2 medical practitioners have agreed that the mother, or the unborn
child, has a severe medical condition
that, in the clinical judgment of those medical
practitioners, justifies the procedure; and
(b)
the abortion is
performed in a facility approved by the Minister for Health.
(10)
F or the purposes of this section—
(a)
subject to
sub-section (11), a woman who is a dependant minor shall not be regarded as
having given
informed consent unless a custodial
parent of the woman has been informed that the performance
of an abortion is being considered and has been
given the opportunity to participate in a counselling
process (if such counselling
is available) and in consultations between the woman and her medical
practitioner as to whether the abortion
is to be performed;
(b)
a woman is a dependant
minor if she has not reached the age of 16 years and is being supported by
a custodial parent or parents; and
(c)
a reference to a
parent includes a reference to a legal guardian.
(11)
A woman who is a dependant minor may apply to a magistrate for an order that a
person specified in the
application, being a custodial parent of the
woman, should not be given the information and opportunity referred
to in sub-section (10)(a)
and the magistrate may, on being satisfied that the application
should be granted, make an
order in those terms.
Abortion
by woman with child
235.
A woman commits a summary offence if she, being pregnant, with intent to
procure her own
miscarriage—
(a)
administers
to herself any poison or other noxious thing; or
(b)
uses any force of
any kind; or
(c)
uses any other
means; or
(d)
permits any such
thing or means to be administered or used to her.
Penalty — Imprisonment for 7 years.
Supplying
drugs or instruments to procure abortion
236.
A person commits a summary offence if he or she unlawfully supplies to or
procures any thing for any
person, knowing that it is intended to
be unlawfully used with intent to procure the miscarriage of a woman (whether
she is or is not pregnant).
Penalty — Imprisonment for 3 years.
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