MONTSERRAT.   Penal Code (Ordinance No. 12 of 1983), 1 July 1984.

 

PART IX

 

Abortion, etc.

 

139.     (1)  Subject to the provisions of this section, any person who, being with child, with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent; and any person who, with intent to procure the miscarriage of any woman (whether she be or be not with child) unlawfully administers to her, or causes her to take, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable on conviction to imprisonment for life.

 

            (2)  A person shall not be guilty of an offence under section (1) when a pregnancy is terminated in a hospital, or other establishment approved for the purposes by the Chief Medical Officer, by a medical practitioner if two medical practitioners are of the opinion, formed in good faith -

 

(a)        that the continuance of the pregnancy would involve risk of the life of the pregnant woman, or injury to the physical or mental health of the pregnant woman greater than if the pregnancy were terminated; or

 

(b)        that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped:

 

Provided that the reference to the opinion of two medical practitioners and to an approved hospital or other establishment shall not apply to the termination of a pregnancy by a registered medical practitioner in a case in which he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman.

 

            (3)  Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman (whether she be or be not with child) shall be guilty of an offence and liable on conviction to imprisonment for five years.

 

140.     Any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act or omission causes a child to die before it has an existence independent of its mother, shall be guilty of an offence and liable to imprisonment for life:


Provided that a person shall not be convicted of an offence under this section if it is proved that the act which caused the death of the child was done in good faith for the purpose only of preserving the life of the mother.