CPS decides not to prosecute doctors following complaint by Rev Joanna Jepson
16/03/2005
West Mercia Crown Prosecution Service has decided there should be no prosecution of two doctors over the abortion of a foetus with a bilateral cleft lip and cleft palate.
West Mercia Police referred the matter to the CPS following a complaint by the Rev Joanna Jepson that the abortion had been performed unlawfully, on the basis that a cleft lip and palate was a remedial condition that could not constitute a serious handicap.
The Chief Crown Prosecutor for West Mercia CPS, Jim England, said: "This complaint has been investigated most thoroughly by the police and the CPS has considered a great deal of evidence before reaching its decision."
Mr England said that the key issue in deciding the lawfulness of a termination falls under Section 1 (1) of the Abortion Act 1967.
He said: "The issue is whether the two doctors who had authorised the termination were of the opinion, formed in good faith, that there was a substantial risk that if the child were born it would suffer from such physical and mental abnormalities as to be seriously handicapped."
"I consider that both doctors concluded that there was a substantial risk of abnormalities that would amount to the child being seriously handicapped. The evidence shows that these two doctors did form this opinion and formed it in good faith."
"In these circumstances I decided there was insufficient evidence for a realistic prospect of conviction and that there should be no charges against either of the doctors."
Mr England said the evidence considered by the CPS included medical records; guidance from the Royal College of Obstetricians and Gynaecologists; evidence from a number of professionals involved in the care, counselling and treatment in this case, and interviews of the two doctors. Opinions were also obtained from independent medical experts.
"We took all these matters into account when reaching our decision that there was no offence committed in the circumstances of this case."
Notes to Editors
- Chronology
- The Law
- Enquiries
September 2002: the Office for National Statistics published statistics for abortions carried out under the 1967 Abortion Act in England and Wales in 2001. The statistics showed that one abortion for cleft lip and cleft palate had been performed after 24 weeks' gestation on the basis that there was a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
October 2002: Joanna Jepson, a trainee vicar, instructed solicitors who wrote to the Metropolitan Police requesting an investigation into what she claimed had been an unlawful abortion on the basis that a cleft lip and palate was a remedial condition that could not constitute a serious handicap.
June 2003: the Metropolitan Police informed Miss Jepson's solicitor that an enquiry by the West Mercia Constabulary, in whose area the termination had been conducted, had investigated and concluded that no offences had been committed.
August 2003: Miss Jepson, now curate at a church in Chester, launched a judicial review of the West Mercia Police decision not to prosecute.
April 2004: the West Mercia Police, accepting that their initial enquiry did not amount to a full enquiry, decided to re-open the investigation under a new team of officers. As a result the judicial review was stayed.
September 21, 2004: The police submitted their report and file of evidence to CPS for advice. Further materials have been sought and provided on various dates between October 18, 2004 and March 2, 2005.
Abortion by unlawfully administering any poison or noxious thing is an offence contrary to s.58 Offences Against the Person Act 1861.
S1(1) of the Abortion Act 1967 allows for medical termination of a pregnancy so that a woman and doctors shall not be guilty of an offence '...when a pregnancy is terminated by a registered medical practitioner if two registered practitioners are of the opinion, formed in good faith...' that one of four sets of circumstances apply, notably s.1(1)(d) '...that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.'
For further information please contact the CPS Press Office on 020 7796 8180.
Police inquiries should be directed to West Mercia Police Media Communications Dept on 01905 331674.
