Skip to main content Skip to navigation

Motivation key over assisted death prosecutions

25 February 2010 - BBC

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 also 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, Mr Starmer said.

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Among the most obvious changes from the draft guidance was the removal of the reference to a person's terminal illness or disability.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 that, without clarification, she would have had to travel earlier than she wanted while she was still fit enough to 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.

And Richard Hawkes, chief executive of Scope, the disability charity, said: "Many disabled people are frightened by the consequences of these new guidelines and with good reason.

"There is a real danger these changes will result in disabled people being pressured to end their lives."

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 out its own consultation.

Scotland does not have a specific law on assisted suicide.

Factors against prosecution

  • The victim had reached a voluntary, clear, settled and informed decision
  • The suspect was wholly motivated by compassion
  • The suspect had sought to dissuade the victim from taking the course of action which resulted in his or her suicide
  • The actions of the suspect may be characterised as reluctant encouragement or assistance in the face of a determined wish on the part of the victim
  • The suspect reported the victim's suicide to the police and fully assisted them in their enquiries

Factors in favour of prosecution

  • The victim was under 18
  • The victim did not have the mental capacity to reach an informed decision
  • The victim had not reached a voluntary, clear, settled and informed decision
  • The suspect was not wholly motivated by compassion, for example they stood to gain in some way
  • The suspect pressured the victim or had a history of abuse against them
  • The suspect was unknown to the victim
  • The suspect was paid by the victim or was working for an organisation which provides facilities for a person to commit suicide
  • The suspect was acting in his or her capacity as a doctor or other caring role

Author: BBC

Return