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Guidance on assisted suicide eases families' court fears
RELATIVES who help a loved one to die will escape prosecution providing their actions are not malicious, after a landmark battle by a Yorkshire woman.
But the new guidelines on assisted suicide announced by the Director of Public Prosecutions (DPP) yesterday are no guarantee against prosecution and parents who help a child under 18 take their own life are more likely to face charges.
The controversial announcement – which comes in the wake of a landmark court victory for Bradford assisted suicide campaigner Debbie Purdy– was attacked by church leaders who claim the guidelines "will cause great harm to society".
And the Australian-based pro-choice group Exit International suggested Britain could replace Switzerland, where hundreds have visited the Dignitas clinic to die, as the country of choice for terminally ill people wanting to end their lives.
A spokesman said Australians would be "much more comfortable" travelling to London to die.
Mrs Purdy had appealed to Law Lords for clarification on what would happen to husband Omar Puente if he helped her travel abroad to end her life and won a ruling that there should be a policy statement outlining the circumstances in which there might be a prosecution.
The DPP, Keir Starmer QC, yesterday announced 16 public interest factors in favour of prosecution and 13 that would weigh against any decision to press charges.
Factors against prosecution included that the victim had a "clear, settled and informed wish to commit suicide" while those in favour of prosecution included that the victim was under 18, as well as if a person did not ask personally on his or her own initiative for the assistance of the suspect.
Mr Starmer said: "There are no guarantees against prosecution and it is my job to ensure the most vulnerable people are protected while at the same time giving enough information to those people like Mrs Purdy who want to be able to make informed decisions about what actions they may choose to take."
Speaking from her Bradford home, Mrs Purdy, 46, who was diagnosed with multiple sclerosis in 1995, said she and her husband could now "live our lives, not plan my death".
She added: "The judiciary has had the courage to at least consider in the 21st century what are things that matter, and they are differentiating very clearly between malicious encouragement of people to end their lives and support for somebody who has made the considered and informed decision, which maybe can make them leave it longer to end their life."
However, the Christian Legal Centre (CLC) said it was "deeply concerned" about the DPP's guidelines, with executive director, barrister Andrea Williams, saying: "We believe that all life should be protected in law and that the guidelines published today will cause great harm to individuals and society."
A 12-week consultation on the list identified in the guidelines has been launched.
More than 100 Britons have ended their lives at the Dignitas clinic in Zurich, but until now friends or relatives who accompany them have not known if they are going to face prosecution.
Assisted suicide is still illegal and will remain so after the new guidance. Under current legislation those who "aid, abet, counsel or procure" someone else's suicide can be prosecuted and jailed for up to 14 years.
HOW IT WOULD WORK
Charges would be less likely if:
The victim had a "clear, settled and informed wish" to commit suicide, which they had "indicated unequivocally" and in person.
The victim had a terminal illness, a severe and incurable physical disability or a severe degenerative condition from which there was no possibility of recovery.
The victim's wife or husband, partner, close relative or close personal friend were involved and they were in a long-term and supportive relationship.
Only "minor" assistance or influence was provided.
Charges would be more likely if the above factors were not fulfilled and:
The victim was under 18.
The victim had a mental illness or learning disability that affected the ability to decide to end his or her life.
The motivation was not compassion, but the prospect of benefiting from the death.
The victim was "persuaded, pressured or maliciously encouraged" to commit suicide, or improperly influenced.
The penalties:
Aiding and abetting suicide is a criminal offence punishable by up to 14 years in prison.
Although a handful of people have been arrested, no relative or friend of the more than 100 UK citizens who have gone abroad to the Swiss Dignitas clinics has been prosecuted under the 1961 Suicide Act so far.
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Saturday 26 May 2012
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