The Pharmaceutical Journal
Vol 268 No 7184 p161-167
9 February 2002

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Related websites
Society for the protection of unborn children (www.spuc.org.uk)
Family Planning Association (www.fpa.org.uk)

EHC judicial review starts next week

A judicial review which could outlaw emergency contraception and all non-barrier forms of contraception starts in the High Court on 12 February.

The Society for the Protection of Unborn Children was given leave to apply for judicial review after Levonelle–2 became a pharmacy medicine (PJ, 28 April 2001, p564).

John Smeaton, SPUC's national director, said that the Offences Against the Person Act 1861 makes it an offence to administer anything "noxious" to a woman to procure a miscarriage, whether or not she is actually pregnant.

The SPUC believes that human life begins at fertilisation and describes medical arguments that the starting point lies at implantation as "new biology" invented to justify modern developments.

The SPUC's application is opposed by the Department of Health, Schering and the Family Planning Association. If the SPUC wins the case, the Government is expected either to seek to overturn the ruling by appeal or to introduce emergency legislation to re-legalise emergency contraception.

Beverley Parkin, director of public affairs at the Royal Pharmaceutical Society, said: "We would be very concerned at the damaging effect a ruling in favour of the SPUC would have on public health. It has been shown over the past year that pharmacy supply of emergency contraception is an important contributor to the range of contraceptive methods women have access to."

She added that the Society was discussing what advice and support to give to pharmacists in the event of an adverse ruling.

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