9. Question 8: other weighted factors against prosecution
9.1 Question 8 of the consultation document invited those responding to indicate whether there were any additional public interest factors against a prosecution that they wished to see being given greater weight by prosecutors in reaching their decisions, in addition to the proposed list of weighted public interest factors against prosecution outlined in the Interim Policy.
9.2 Overall, there were 280 relevant comments in response to this question. They have been divided between those factors which were already in the Interim Policy (206) and those which were new factors identified by respondents (74).
9.3 These responses have been grouped where appropriate and are shown in the tables below, as a percentage of all relevant comments.
Table 9: weighted factors against prosecution - existing factors
| No. in Interim Policy | Weighted factors against prosecution [EXISTING FACTORS] |
Frequency
|
% of all relevant comments (280)
|
|---|---|---|---|
| 9 | The suspect had sought to dissuade the victim from taking the course of action which resulted in his or her suicide. |
86
|
31%
|
| 12 | The actions of the suspect may be characterised as reluctant assistance in the face of a determined wish on the part of the victim to commit suicide. |
69
|
25%
|
| 8 | The victim was physically unable to undertake the act that constituted the assistance him or herself. |
22
|
8%
|
| 11 | The victim had previously attempted to commit suicide and was likely to try to do so again. |
12
|
4%
|
| 10 | The victim has considered and pursued to a reasonable extent recognised treatment and care options. |
7
|
3%
|
| 41275 | All of factors 1-13 should carry equal weight. |
6
|
2%
|
| 13 | The suspect fully assisted the police in their enquiries into the circumstances of the suicide or the attempt and his or her part in providing assistance. |
4
|
1%
|
| Total |
206
|
74%
|
Table 10: weighted factors against prosecution - new factors
| Weighted factors against prosecution [NEW FACTORS] |
Frequency
|
% of all relevant comments (280)
|
|---|---|---|
| Other suspect-related factors. |
21
|
8%
|
| There was written documentation outlining the victim's request and intentions to commit suicide; for example, there was a Living Will. |
16
|
6%
|
| Factors relating to the personal views, situation and/or actions of the victim. |
7
|
3%
|
| The suspect was a member of the medical profession. |
7
|
3%
|
| Factors relating to the vulnerability of the suspect. |
6
|
2%
|
| Notification to a healthcare professional, or another, of the victims intentions in advance. |
6
|
2%
|
| Factors relating to the manner of assistance. |
5
|
2%
|
| Other factors. |
3
|
1%
|
| The suspect did not stand to gain any advantage, financial or otherwise, by the death of the victim. |
3
|
1%
|
| Total |
74
|
26%
|
Commentary
9.4 The most widely identified factors from the Interim Policy that were thought worthy of greater weight were: that the suspect had sought to dissuade the victim from taking the course of action which resulted in his or her suicide (31% of all relevant comments); and that the actions of the suspect may be characterised as reluctant assistance in the face of a determined wish on the part of the victim to commit suicide (25%).
CPS response
9.5 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.
Next: Responses to Question 9
