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This week the Director of Public Prosecutions issued guidelines to clarify when people who assist suicides are likely to be prosecuted. Under the current law, assisting someone to commit suicide is punishable by up to 14 years in prison; however, very few prosecutions have taken place since the 1961 Suicide Act came into being. The new guidelines are a response to a Law Lords decision at the end of July to call for the DPP (Keir Starmer) to issue a policy statement to clarify when someone might be prosecuted by helping someone to end their life abroad. This came as a result of a legal battle by Debbie Purdy, an MS sufferer who was seeking clarification of the law in regards to her husband. Earlier in July the House of Lords rejected a measure to make it legal to help a terminally ill person die.
While there will be no change to the current law as it stands, the guidelines recommend that factors such as financial gain are considered in prosecuting those helping in the suicide. Other factors considered would be whether the person dying was encouraged to commit suicide or merely assisted in doing so.
The Care Not Killing alliance, which the Evangelical Alliance is a member of, has released its initial reaction on its website. Care Not Killing says it is pleased the draft guidelines emphasise that assisting suicide will remain illegal and that any person who gives such assistance, whatever the circumstances, will remain liable to prosecution.
It also praised the recognition of the potential for external coercion and the need to ensure that those assisted in suicide are not suffering from mental illness or incapacity and of the need to discourage internet promotion of assisted suicides.
"On the other hand, there are some features of the draft guidelines that are disturbing. In particular, it is envisaged that prosecutions for assisted suicide will be less likely where the deceased was terminally ill or suffering from a severe an incurable physical disability or a severe degenerative physical condition from which there is no possibility of recovery. Not only does this classification cover a very wide swathe of medical conditions, including such illnesses as chronic heart disease and most kinds of physical disability, but it also implies that the lives of a whole group of people - those who are seriously ill or disabled - are less deserving of the law's protection than are others.
"We are concerned also that prosecution of spouses, partners, or close friends or family members is envisaged as less likely than of others who might assist a suicide. There must be a real danger that this will be seen as giving the green light to assistance from close relatives or friends, who in many cases might be those who would stand personally to gain from the death of the deceased."
Care Not Killing will consider the guidelines and respond formally in the next few weeks.
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News links
23 Sep
Assisted Suicide law clarified - BBC
Prosecutors forced to recognise defences of law - Guardian
Assisted suicide - debate around the world - BBC
Key safeguard has been undermined - Times
Care not Killing - statement on the DPP's guidelines
Earlier
BBC: New guidance on assisted suicide
Times: Assisted suicide investigations will focus on who stood to benefit
Independent: Swiss turn against 'suicide tourism' as UK law softens
Daily Mail: Assisted suicide and a moral minefield
Daily Mail: Swiss consider banning Dignitas and assisted suicide just as
Britain considers relaxing its own laws
The Guardian: Keir Starmer - "I wouldn't characterise myself as a bleeding heart liberal…"
BBC: MS woman wins right-to-die fight
Times: For and against the guidelines on assisted suicide
Times comment: It's my life and I demand to end it when I want
Telegraph: Call to stop relaxation of assisted suicide rules amid questions about Lord Phillips' role
Daily Mail comment: Is Keir Starmer exceeding his authority over assisted suicide?
Daily Mail: Assisted dying is a danger to our society, says David Cameron
Telegraph: Assisted suicides of under 18s or mentally ill 'more likely to be prosecuted'
BBC: Debbie Purdy's husband helping her die
BBC: Clarity due on assisted suicide
Times: Keir Starmer - assisted suicide 'will not be rigid'
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