Motivation key over assisted death prosecutions
New guidelines over whether people would face prosecution over assisting suicide place closer scrutiny on a suspect's motivation.
Director of Public Prosecutions, Keir Starmer, said whether a person acted "wholly compassionately" and not for financial reasons was important. But he made it clear the advice does not represent a change in the law and does not cover so-called mercy killing. Mr Starmer had already published draft advice following a Law Lords ruling. The guidance is not about changing the law - assisted suicide is illegal and carries a jail term of up to 14 years.
'Informed' decision
However, more than 100 Britons with terminal or incurable illnesses have gone to the Swiss centre Dignitas to die and none of the relatives and friends involved in the cases have been prosecuted. This is because the authorities have the power to use their discretion under the terms of the act. The final guidelines set out a range of factors to be taken into account when deciding whether or not to prosecute. These include whether the victim had reached a "voluntary, clear, settled and informed" decision and had the mental capacity to do so.
The person helping the victim would be expected to co-operate with the police. Factors such as pressurising the victim, encouraging them to commit suicide or having a history of abuse against them will make a prosecution more likely. The advice is slightly different from the draft version issued in September. The focus is now more on the motivation of the suspect rather than the characteristics of the victim. But Mr Starmer said it did not mean the policy had been tightened or relaxed and prosecution was not now more or less likely.
He also said no guarantees could be offered and everyone would face a police investigation. "This policy does not change the law on assisted suicide." "It does not open the door for euthanasia. It does not override the will of Parliament. "What it does is to provide a clear framework for prosecutors to decide which cases should proceed to court and which should not."
Legal fight
Among the most obvious changes from the draft guidance was the removal of the reference to a person's terminal illness or disability. The DPP said this was done because it was felt it could discriminate against people with these conditions and suggest they are less protected. But Mr Starmer made clear that other factors which remain in the guidance make it clear that it would not be appropriate to help someone who does not need assistance in actually committing suicide.
Mr Starmer acted after a long running legal fight by Debbie Purdy, from Bradford, who has multiple sclerosis. In July, Law Lords ruled she had the right to know under what circumstances her husband would be prosecuted if he helped her travel abroad to die. She had argued without clarification she would have to travel earlier than she would want to so she could go alone. Ms Purdy said: "I am still overwhelmed and delighted by this victory. Omar and I can now get on with our lives."
Lord Carlile, chairman of Care Not Killing, which has campaigned against assisted suicide and had been critical of the draft advice, said: "These revised guidelines greatly reduce the risk of undermining existing law. "Our main concern was that the interim guidelines singled out as a group those who were disabled or ill, thereby affording them less protection than other people under the law." But he warned there were still some "flaws and problems", such as how compassion is to be assessed.
But Sarah Wootton, chief executive of the Dignity in Dying campaign, hailed the guidance as a "victory for common sense and compassion". "The guidance represents a significant breakthrough for choice and control at the end of life for those who feel they are suffering unbearably." But she said she would still push for a change in the law as people really needed an up-front guarantee against prosecution. The framework comes into force immediately after a consultation which gathered nearly 5,000 responses.
Northern Ireland has also been carrying its own consultation. Scotland does not have a specific law on assisted suicide.
By Nick Triggle, Health Reporter, BBC News, 25/02/10. Click here to view the original article.
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