3. Question 2: new factors identified in favour of prosecution
3.1 Question 2 of the consultation document invited those responding to indicate whether there were any additional public interest factors in favour of a prosecution that they wished to see included in the Final Policy, in addition to the proposed list of factors outlined in the Interim Policy. There were 537 relevant comments in response to this question.
3.2 These responses have been grouped where appropriate and are shown in the table below.
Table 2: New factors identified in favour of prosecution
| New factors identified in favour of prosecution |
Frequency
|
% of all relevant comments
|
|---|---|---|
| The suspect was a nurse, doctor or other healthcare professional and the victim was in their care. |
184
|
34%
|
| The suspect had a history of abuse or violence against the victim. |
75
|
14%
|
| Factors relating to the extent to which the victim had sought treatment or support options. |
47
|
9%
|
| The suspect was not a UK resident or citizen. |
46
|
9%
|
| Factors relating to the personal views or state of mind of the suspect. |
42
|
8%
|
| Factors relating to the vulnerability of the victim. |
37
|
7%
|
| Other factors concerning the relationship between victim and suspect. |
22
|
4%
|
| The act was deliberately publicised to encourage/influence others. |
22
|
4%
|
| Other suspect-related factors. |
16
|
3%
|
| Factors concerning the manner of assistance. |
16
|
3%
|
| Factors relating to the extent of communication from the victim |
13
|
2%
|
| Other victim-related factors. |
9
|
2%
|
| Factors related to the suspect trying to dissuade the victim. |
8
|
1%
|
| Total |
537
|
100%
|
Commentary
3.3 A total of 34% of all relevant comments identified the fact that the suspect was a nurse, doctor or other healthcare professional and that the victim was in their care should be a factor in favour of prosecution and should be included in the Final Policy.
3.4 In addition, 75 respondents highlighted the importance of the previous relationship between the victim and the suspect, arguing that it should be a factor in favour of prosecution if the suspect had a history of violence or abuse against the victim (14% of all relevant comments).
CPS response
3.5 The CPS has given due consideration to each of the responses received, and in particular, the leading two factors set out in table 2.
3.6 The CPS has accepted the concern expressed by many respondents that it was inappropriate in the Interim Policy to single out carers working in a care or nursing home environment when there was no broader factor covering those who work in the healthcare environment generally. The CPS has also reflected on the comment that it was inappropriate to single out just care and nursing homes as places where victims may live. As a result, the CPS has identified a more comprehensive factor which is set out in paragraph 43(14) of the Final Policy.
3.7 On reflection, the CPS believes that the emphasis of this factor should be around any healthcare worker who has the victim in his or her care. The fact such a person encourages or assists the suicide of the victim, whilst acting in that capacity, should be a factor in favour of prosecution.
3.8 The CPS considers that this factor should be extended to any person in a similar position of authority, for example, a prison officer who has in his or her care a prisoner, and this has also been reflected in the Final Policy.
3.9 The CPS also recognises the potential impact that previous violence or abuse by the suspect against the victim may have upon the decision of the latter to want to commit suicide. It has, at the very least, the potential to influence the victim, and to be an improper consideration when arriving at a voluntary, clear, settled and informed decision. It is entirely possible that a seemingly voluntary, clear, settled and informed decision may be based upon unseen pressure from a suspect or reached as a result of the actions of a suspect who has acted violently or abusively against the victim in the past. Accordingly, the CPS considers it appropriate to regard such a history of violence or abuse as a factor in favour of prosecution in its own right.
3.10 The CPS has taken the view that, although many of the other suggested new factors were of interest and worthy of consideration, it would not be appropriate to include them in the Final Policy.
Next: Responses to Question 3
