ABSTRACT

The most logical point to begin our consideration of the law on abortion is historically, with the provisions set out under the criminal law.

Prior to the statutory provisions set out below, abortion was governed by the common law. As early as the thirteenth century, if a woman was given a substance to help procure a miscarriage once the foetus was said to be ‘quickening’, this act would be tantamount to murder. Quickening is the term referred to when the foetus is fi rst felt to move, at around 16-18 weeks’ gestation (slightly later for women in their fi rst pregnancy). By the eighteenth century, while it was no longer considered to be murder, it was regarded in a most serious manner with harsh penalties imposed by the courts.