8. Question 7: weighted factors against prosecution
8.1 Question 7 of the consultation document invited those responding to indicate whether or not they agreed with those factors that were identified in the Interim Policy as carrying more weight in comparison with the other factors against prosecution. Respondents were asked to indicate their views using "Y" for "yes" and "N" for "no"; those who did not wish to let the CPS have their views on any particular factor were asked not to complete the relevant box.
8.2 The views of those who responded to any part of Question 7 are set out in the table below.
Table 8: Y/N responses to weighted factors against prosecution
| No. in Interim Policy | Weighted factors against prosecution | Yes % | No % | No. of responses |
|---|---|---|---|---|
| 7 | The actions of the suspect, although sufficient to come within the definition of the offence, were of only minor assistance or influence, or the assistance which the suspect provided was as a consequence of their usual lawful employment. | 65 | 35 | 1,904 |
| 5 | The suspect was wholly motivated by compassion. | 65 | 35 | 1,954 |
| 2 | The victim indicated unequivocally to the suspect that he or she wished to commit suicide. | 43 | 57 | 1,986 |
| 1 | The victim had a clear, settled and informed wish to commit suicide. | 43 | 57 | 2,015 |
| 3 | The victim asked personally on his or her own initiative for the assistance of the suspect. | 42 | 58 | 1,982 |
| 4 | The victim had: a terminal illness; or a severe and incurable physical disability; or a severe degenerative physical condition; from which there was no possibility of recovery. | 38 | 62 | 2,031 |
| 6 | The suspect was the spouse, partner or a close relative or a close personal friend of the victim. | 37 | 63 | 2,002 |
Figure 4: Y/N responses to weighted factors against prosecution
Commentary
8.3 There was a majority of "Yes" responses, indicating that that factor should carry additional weight against prosecution, in respect of only two factors: (i) that the actions of the suspect, although sufficient to come within the definition of the offence, were of only minor assistance or influence, or the assistance which the suspect provided was as a consequence of their usual lawful employment; and (ii) that the suspect was wholly motivated by compassion. Both factors received agreement ratings of 65%.
8.4 Each of the remaining five factors that were identified in the Interim Policy as carrying more weight against a prosecution received an agreement rating of between 37% and 43%. Four of these were victim-related factors and the fifth focused on the relationship between the victim and the suspect. These statistics largely reflected the wider comments received during the consultation exercise.
CPS response
8.5 Following a detailed review of all the responses received during the consultation exercise; after further careful consideration; and in the light of how the CPS has decided to approach the public interest factors against prosecution; the CPS has removed the mechanism of identifying particular factors as automatically carrying greater weight from the Final Policy. The CPS believes that this makes the Final Policy clearer and more accessible, for both prosecutors and members of the public.
8.6 It remains the case, of course, that when considering the public interest factors tending in favour of and against prosecution, the particular facts of the case may mean that one factor alone may outweigh a number of other factors which tend in the opposite direction.
Next: Responses to Question 8
