Law and Rights
In the Purdy case [2009] UKHL 45, the House of Lords required the Director of Public Prosecutions to issue an offence-specific Policy setting out the facts and circumstances which would be considered in making a decision whether to prosecute a person for encouraging or assisting suicide (or attempted suicide) under section 2 of the Suicide Act 1961. The Policy has now been issued - see Crown Prosecution Service.
Section 2 of the 1961 Act was recently amended by the Coroners and Justice Act 2009 s.59. The essence of the offence is doing an act which is capable of encouraging or assisting another to commit suicide (or attempt suicide) with INTENT that the other is encouraged or assisted. The maximum sentence of 14 years imprisonment was retained.
The Policy document does not contain an exhaustive list of factors but 16 factors are set out which would tend toward a prosecution and 6 factors which would point against. The CPS emphasize that a "tick box" approach will not necessarily make the decision.
Looking at the Policy, it continues to be somewhat unclear whether a loving husband who purchases travel tickets for his wife, for whom life has become unbearable as a result of progessive disease such as Multiple Sclerosis, to travel to a certain clinic in Switzerland might be liable to prosecution. The Policy, whilst not changing the law, might make matters somewhat clearer in some cases but there would still be an investigation with no advance certainty as to the possible outcome. A prosecution might still follow. Only time and a tragic case will inform us further.
- Debbie Purdy - Rip
The death of Debbie Purdy (1963-2014) has been anounced. Her wikipedia entry is here. The very last judgment of the House of Lords was in R (Purdy) v Director of Public Prosecutions [2009] UKHL 45; [2009] EWCA Civ 92. In October 2009, The Supreme...
- Assisting Suicide: The Cases Of Nicklinson, Lamb And Martin
Mr NicklinsonUpdates: This post will be updated with further materials and comments as they become available ... as they undoubtedly will ! The Supreme Court has handed down judgment in the assisting suicide cases of Nicklinson, Lamb and 'Martin'...
- Joint Enterprise 2 ~ Involvement In Crime
Previous post - Joint Enterprise 1 - Setting the Scene The criminal law seeks to punish not only principal offenders (those who perform the act prohibited by the definition of a criminal offence) but also a range of others who are involved in crime. ...
- Assisted Suicide ~ Appeals To The Supreme Court Of The Uk
This week, a nine judge strong Supreme Court of the UK has been hearing appeals concerning aspects of the Suicide Act 1961 section 2(1) Complicity in another's suicide Suicide. It is perhaps the Nicklinson case which attracted the greater publicity...
- Early Notes On A Notable Court Of Appeal Decision ~ Suicide Act 1961 ~ Assisting Suicide
On 31st July the Court of Appeal (Civil Division) gave its judgment in three cases all concerning the offence of Assisting Suicide - Suicide Act 1961 s.2 as amended by the Coroners and Justice Act 2009. The three cases raised various points which...
Law and Rights
Complicity in Suicide - New Guidelines but ....?
In the Purdy case [2009] UKHL 45, the House of Lords required the Director of Public Prosecutions to issue an offence-specific Policy setting out the facts and circumstances which would be considered in making a decision whether to prosecute a person for encouraging or assisting suicide (or attempted suicide) under section 2 of the Suicide Act 1961. The Policy has now been issued - see Crown Prosecution Service.
Section 2 of the 1961 Act was recently amended by the Coroners and Justice Act 2009 s.59. The essence of the offence is doing an act which is capable of encouraging or assisting another to commit suicide (or attempt suicide) with INTENT that the other is encouraged or assisted. The maximum sentence of 14 years imprisonment was retained.
The Policy document does not contain an exhaustive list of factors but 16 factors are set out which would tend toward a prosecution and 6 factors which would point against. The CPS emphasize that a "tick box" approach will not necessarily make the decision.
Looking at the Policy, it continues to be somewhat unclear whether a loving husband who purchases travel tickets for his wife, for whom life has become unbearable as a result of progessive disease such as Multiple Sclerosis, to travel to a certain clinic in Switzerland might be liable to prosecution. The Policy, whilst not changing the law, might make matters somewhat clearer in some cases but there would still be an investigation with no advance certainty as to the possible outcome. A prosecution might still follow. Only time and a tragic case will inform us further.
- Debbie Purdy - Rip
The death of Debbie Purdy (1963-2014) has been anounced. Her wikipedia entry is here. The very last judgment of the House of Lords was in R (Purdy) v Director of Public Prosecutions [2009] UKHL 45; [2009] EWCA Civ 92. In October 2009, The Supreme...
- Assisting Suicide: The Cases Of Nicklinson, Lamb And Martin
Mr NicklinsonUpdates: This post will be updated with further materials and comments as they become available ... as they undoubtedly will ! The Supreme Court has handed down judgment in the assisting suicide cases of Nicklinson, Lamb and 'Martin'...
- Joint Enterprise 2 ~ Involvement In Crime
Previous post - Joint Enterprise 1 - Setting the Scene The criminal law seeks to punish not only principal offenders (those who perform the act prohibited by the definition of a criminal offence) but also a range of others who are involved in crime. ...
- Assisted Suicide ~ Appeals To The Supreme Court Of The Uk
This week, a nine judge strong Supreme Court of the UK has been hearing appeals concerning aspects of the Suicide Act 1961 section 2(1) Complicity in another's suicide Suicide. It is perhaps the Nicklinson case which attracted the greater publicity...
- Early Notes On A Notable Court Of Appeal Decision ~ Suicide Act 1961 ~ Assisting Suicide
On 31st July the Court of Appeal (Civil Division) gave its judgment in three cases all concerning the offence of Assisting Suicide - Suicide Act 1961 s.2 as amended by the Coroners and Justice Act 2009. The three cases raised various points which...