§ Dr. Hampsonasked the Attorney-General how many complaints have been received, either by himself or by the Director of Public Prosecutions, which relate to the supply of what is commonly called the "morning after" pill; and whether he proposes to institute criminal proceedings in connection with any of the complaints.
§ The Attorney-GeneralOne complaint has been made direct to my Department and three to the Director of Public Prosecutions. Each complaint alleges that the supply and administration of such post-coital medications contravenes sections 58 and 59 of the Offences against the Persons Act 1861 and that a woman using such medication may commit an offence under section 58 of the Act.
Such pills are intended to be taken by women following unprotected intercourse to inhibit implantation in the womb of any fertilised ovum. The sole question for resolution therefore is whether the prevention of implantation constitutes the procuring of a miscarriage within the meaning of sections 58 or 59 of the Offences against the Persons Act 1861. The principles relating to interpretation of statutes require that the words of a statute be given the meaning which they bore at the time the statute was passed. Further, since the words were used in a general statute, they are prima facie presumed to be used in their popular, ordinary or natural sense.
237WIn this context it is important to bear in mind that a failure to implant is something which may occur in the manner described above or quite spontaneously. Indeed in a significant proportion of cases the fertilised ovum is lost either prior to implantation or at the next menstruation. It is clear that, used in its ordinary sense, the word "miscarriage" is not apt to describe a failure to implant — whether spontaneous or not. Likewise, the phrase "procure a miscarriage" cannot be construed to include the prevention of implantation. Whatever the state of medical knowledge in the 19th century, the ordinary use of the word "miscarriage" related to interference at a stage of pre-natal development later than implantation.
In the light of the above I have come to the conclusion that this form of post-coital treatment does not constitute a criminal offence within either sections 58 or 59 of the Offences against the Persons Act 1861. No proceedings are to be instituted.