- Published on
KembaraXtra-Case Law-R (John Smeaton on Behalf of SPUC) v Secretary of State for Health (2002)
Core Issue
Core Issue
- Legality of post-coital contraception (morning-after pill) preventing implantation.
- Applicant (SPUC) argued it was a criminal offense.
- Specifically, a violation of Section 58 of the Offences Against the Person Act 1861
- John Smeaton (acting for the Society for the Protection of Unborn Children - SPUC) filed for judicial review.
- SPUC sought a declaration that providing the "morning-after pill" (post-coital contraception) constituted a criminal offence.
- High Court refused the declaration.
- The court's rationale hinged on the definition of "miscarriage."
- Key point: The court ruled that pregnancy ("carriage") does not begin until implantation of the fertilized egg in the uterus.
- Therefore, contraception that prevents implantation does not fall under the purview of the Offences Against the Person Act 1861 because no pregnancy had yet occurred.
- This case establishes that, under UK law, preventing implantation of a fertilized egg via post-coital contraception is not considered an unlawful abortion.
- The definition of pregnancy (specifically when it begins) is crucial. The court determined that pregnancy begins upon implantation, not fertilization.
- The Offences Against the Person Act 1861 does not apply to interventions taken before implantation.
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