Paragraphs 13.6-13.15 [concerning Suicide Act 1961 and DPP's interim guidance etc]

04/03/10: 3 Serjeants’ Inn’s commentary on the DPP’s assisted suicide prosecution policy

On 25^th February 2010 the DPP published his eagerly awaited policy in relation to the prosecution of those who assist the suicide of another:

http://www.cps.gov.uk/publications/prosecution/assisted_suicide_policy.html

It lists 22 individual ‘public interest’ factors - 16 in favour of prosecution and 6 against.  Those features against prosecution include actions arising wholly out of compassion; a minor involvement in the cause of the suicide; evidence that the suspect sought to dissuade the person from suicide; subsequent reporting to the police and full co-operation thereafter.

Predictably those factors favouring prosecution focus on the relationship between the parties; the age and capacity for understanding of the person committing suicide; whether or not the suspect had other motives for assisting (not wholly out of compassion); and the degree of the suspects involvement in the death.

The publication of such guidelines has attracted criticisms that the law is being altered without the involvement of Parliament and that it is unprecedented for the CPS to set out in detail how people can commit a crime without being charged.   However, the guidelines do not suggest that the attitude to assisted suicide is being relaxed.

In fact one can envisage more prosecutions not fewer.  Certainly they provide clear warning signs to the medical profession.  Whilst it may be true that in most cases members of the medical profession would act wholly out of compassion their position of influence and likely close association with the death of any patient (friend or family member) mark them out as vulnerable to prosecution under these guidelines.

This field will continue to develop - along with ‘mercy killings’ - and one can expect controversial prosecutions and calls for legislative intervention.

Richard Partridge