Assisted death legal guidance due
By Nick Triggle
Health reporter, BBC News
New guidelines on what factors might mitigate against someone being prosecuted for helping another person to die are due to be released.
A Law Lords ruling on an MS patient who wanted clarification on the possible prosecution of her husband forced the Director of Public Prosecutions to act.
The guidance for England and Wales is not a law change on assisting suicide, which can carry a 14-year jail term.
But campaigners against euthanasia fear vulnerable people could be put at risk.
Financial motive
Director of Public Prosecutions Keir Starmer published draft advice in September, setting out a range of factors which would be taken into account, but there were no guarantees against prosecution.
The guidelines included whether there was a financial motive and looking into how the decision to die was made.
More than 100 Britons with terminal or incurable illnesses have gone to the Swiss centre Dignitas to die and none of the relatives and friends involved in the cases has been prosecuted.
"We know that many disabled people are genuinely frightened about any changes which risk weakening the protection offered by existing law and which could effectively create legislation by the backdoor"
Richard Hawkes, of Scope
Q&A: Assisted suicideThis is because the authorities have the power to use their discretion under the terms of the act.
But in July the House of Lords ruled Debbie Purdy, a multiple sclerosis patient from Bradford in her mid-40s, had the right to know under what circumstances her husband Omar Puente would be prosecuted if he helped her travel abroad to die.
In September, Mr Starmer said he hoped his guidance would now bring greater clarity to the issue, although he added all cases would still be investigated by the police.
Among the factors mentioned in his draft guidance which would determine a prosecution were:
- Whether a person stands to benefit financially from assisting a suicide or if they were acting out of compassion
- If the individual wanting to die was deemed competent enough and had a "clear and settled" wish to make such a decision. Particular attention would be paid to issues such as the individual being under 18 or having a mental illness
- Whether the person was persuaded or pressured into committing suicide or if it was their own decision
The framework came into force immediately even though they were only in draft form. The director of public prosecutions will now update the guidelines following a consultation which garnered more than 4,500 responses.
‘Right balance’
Ms Purdy welcomed the advice at the time, saying it would give people confidence when making difficult decisions.
She had argued that without clarity she may have had to go to Switzerland earlier than she had to because of a fear her husband could have been prosecuted for helping her get there.
Sarah Wootton, chief executive of the Dignity in Dying campaign group, which has been supporting Ms Purdy, said: "We were pleased with the draft guidance.
"It struck the right balance between helping someone who is acting compassionately, but making it clear that malicious, self-serving acts will not be tolerated."
But she also said she still wanted to see a change in the law to make assisted suicide legal under certain circumstances so people could get upfront guarantees.
However, critics have warned having such detailed guidance could make prosecutions less likely and put vulnerable people at risk.
Richard Hawkes, chief executive of disability charity Scope, said: "We know that many disabled people are genuinely frightened about any changes which risk weakening the protection offered by existing law and which could effectively create legislation by the backdoor."
Similar guidelines are expected in Northern Ireland. Scotland does not have a law on assisted suicide.
This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.
View full post on BBC News | Health | Full Feed