Assisted suicide consultation and guidance. Message from Chief Crown Prosecutor for Staffordshire, Claire Lindley.

24/09/2009

The Director of Public Prosecutions, Keir Starmer QC has published his interim policy on when to prosecute the offence of assisting suicide, I would urge you all to read it, debate it with friends and family, and take part in this consultation.

The policy does not have any relevance to any form of euthanasia, which is fundamentally different in that it involves taking the life of another. That remains murder or manslaughter in the eyes of the law.

The document has been drafted to achieve a balance between protecting the vulnerable from those who may want to hasten their death while at the same time giving those faced with a very difficult choice of whether to ask for help in ending their lives as in the case of Debbie Purdy the opportunity to make an informed decision. The factors which the DPP considers when deciding if it serves the public interest to prosecute are now available for everyone to see on the CPS website, so if you can, log on and have a look. We will also be making hard copies available at CPS offices in Etruria and Stafford for those who do not have internet access.

There are a number of factors identified in favour of prosecution and against with some of these identified as carrying more weight than others. However, it is not a matter of simply adding up points on either side and seeing which has the greater number.

The factors outlined include whether the person who commits suicide was under the age of 18; whether their capacity to reach a decision was adversely affected by mental illness or learning difficulty; whether he or she did not set out unequivocally that they wished to commit suicide. It will also be a factor to consider if that person had a terminal illness, severe degenerative physical condition or physical disability, and if they had tried to commit suicide before.

It will also be important if the person who assisted was motivated by compassion, or they pressured and encouraged the victim to commit suicide. The fact that they were a close relative, partner or long term friend of the victim would also be taken into account.

Other factors include whether the suspect was paid by the victim, only gave very minor assistance, or has helped more than one person to end their lives. If they have tried to dissuade the victim from their determined course of action is another consideration.

You may think these factors are obvious, but they have not been written down for members of the public to consider before, and the published list is not exhaustive.

Additionally what if factors compete? What if someone is under 18, but has a clear and settled intent on ending their life? There are likely to be other factors that are taken into account, of course, but the facts must be looked at in each case independently. What if a relative stands to gain a lot of money, but is seemingly acting only out of compassion?

These are very difficult decisions, and decisions that can only be made with reference to the specific facts and circumstances of each particular case. But what is obvious is that many people have very sincere and deeply held views about this issue, and there may be some of you who want to add your own views to the debate.

That is why I want as many people as possible to read this document. I want the people of Staffordshire to have their say, because this policy is interim policy and the DPP will listen to all the views he receives over the next 12 weeks of public consultation before drawing up the finalised policy next Spring.

You will find the policy and consultation document on the CPS website: www.cps.gov.uk/

Thank you for your time and attention,

Claire Lindley, Chief Crown Prosecutor.