Assisted Suicide

On 25 February, the Director of Public Prosecutions, Keir Starmer QC, launched the Policy for Prosecutors in respect of cases of Encouraging or Assisting Suicide.

Director of Public Prosecutions
Keir Starmer QC

The policy provides guidance to prosecutors on the public interest factors to take into account in reaching decisions in cases of encouraging or assisting suicide.

The public can have full confidence in the policy the CPS will follow in deciding whether or not to prosecute cases of assisted suicide, the DPP said on publication.

The Director published the policy after taking account of thousands of responses received as part of what is believed to be the most extensive snapshot of public opinion on assisted suicide since the Suicide Act 1961 was introduced. Nearly 5,000 responses were received by the Crown Prosecution Service (CPS) following the consultation exercise launched in September.

The Director said: "The policy is now more focused on the motivation of the suspect rather than the characteristics of the victim. The 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.

"Assessing whether a case should go to court is not simply a question of adding up the public interest factors for and against prosecution and seeing which has the greater number. It is not a tick box exercise. Each case has to be considered on its own facts and merits.

"As a result of the consultation exercise there have been changes to the policy. But that does not mean prosecutions are more or less likely. The policy has not been relaxed or tightened but there has been a change of focus".

Prosecution policy and guidance

Public Consultation Exercise Summary of Responses

Press release and DPP's introductory statement published on 25 Feb 2010

• Press release - DPP publishes assisted suicide policy
• DPP's Introductory Remarks on Assisted Suicide Policy

Latest Assisted Suicide figures

5 March 2013

Cases of assisted suicide are recorded centrally by CPS Headquarters and are dealt with in the Special Crime and Counter Terrorism Division in the CPS. Our records show the following:

From 1st April 2009 up to 1 March 2013 there have been 68 cases referred to the CPS by the police that have been recorded as assisted suicide or euthanasia.

Of these 68 cases, 49 were not proceeded with by the CPS. 10 cases were withdrawn by the police.

There are currently 9 ongoing cases. 7 cases are still the subject of investigation by the police or awaiting a decision by the CPS. 1 case has resulted in a murder charge and 1 case has been referred to the CPS Area to consider charges of murder/manslaughter.

The figures shown above will be updated every 6 months.

Assisted Suicide cases - published decisions

The following are links to public statements made by the Director of Public Prosecutions on cases where the policy on Assisted Suicide has applied or in cases that are otherwise relevant.

• 2 February 2010 – CPS decides no charges following the death of Jane Hodge
• 16 August 2010 - No charges following death of Caroline Loder
• 25 June 2010 – No charges following death of Raymond Cutkelvin
• 24 May 2010 - Assisted suicide charge not in the public interest (following the death of Margaret Bateman)
• 19 March 2010 - No charges following deaths of Sir Edward and Lady Downes
• 26 January 2010 - Questions about the decision to prosecute Kay Gilderdale
• 9 December 2008 – No charges following death by suicide of Daniel James