The legal framework
The position rests on the Offences Against the Person Act, under which abortion is a criminal offence, subject to the Bourne line of authority permitting termination to preserve the woman's physical or mental health. Successive reform commissions have recommended clarifying the law, without legislative change so far. Post-abortion care is provided in public hospitals.
Key points
| Legal basis | Nineteenth-century criminal legislation |
|---|---|
| Health exception | Derived from case law rather than statute, covering physical and mental health |
| Uncertainty | The absence of statutory clarity deters providers |
| Post-abortion care | Provided in public hospitals |
| Contraception | Legal and widely available, including emergency contraception |
| Reform | Repeatedly recommended, not enacted |
| 1861 Act | The prohibition remains in the Offences Against the Person Act |
| Bourne principle | Courts follow the English case permitting termination to preserve health |
| Mental health | Included within the health ground as applied |
| No clear guidance | The absence of published protocols leaves practice inconsistent |
In practice
- Public hospitals provide emergency care for complications, without conditions.
- Family planning associations provide contraception and confidential counselling.
- Where a termination is sought on health grounds, ask for the assessment to be documented in writing.
- Ask a doctor to document the health ground in writing before the procedure.
- Seek immediate care for complications; treatment is a medical duty.
Cost and coverage
Public post-abortion care is free or low-cost.
Recent changes
Regional bodies and national reform commissions continue to press for statutory clarity, and the Caribbean picture is uneven — Guyana and Barbados have far more permissive laws.
Where to go
- Public hospital obstetrics departments.
- National family planning association.
- Women's rights organisations for support and referral.
Worth knowing
Emergency contraception is legal and available: taken within five days, it prevents the situation from arising and avoids all of the legal uncertainty described above. Because the health ground rests on case law rather than statute, what is lawful depends heavily on the individual clinician's willingness to rely on it.
Official sources and links
- World Health Organization — international reference on this topic
- WHO Regional Office for Africa — country data and programmes