ABSTRACT
The majority of medical practice is regulated by the civil law; however, there are some circumstances that raise the possibility of criminal liability. For example, a doctor may be guilty of an offence if he performs an abortion that falls outside the terms of the Abortion Act 1967. Under s 59 of the Offences against the Persons Act 1861 it remains unlawful to cause, or attempt to cause, a miscarriage where it has not been made lawful by the Abortion Act 1967. Where the child is ‘capable of being born alive’, then there may also be an offence under s 1 of the Infant Life Preservation Act 1929. Another example of possible criminal liability arises under the Data Protection Act 1998.
