The Director of Public Prosecution, Keir Starmer, yesterday published his assisted suicide policy. The publication followed a consultation process and the issuing of an interim policy in September last year.

Simon Hopkins from the ProLife Alliance commented:

“In reply to the consultation process the ProLife Alliance submitted a response outlining its belief that any form of guidance in effect legitimises assisted suicide, a crime under the Suicide Act 1961, in certain circumstances. Our opinion has not changed with the publication of the final policy, however we do recognise that Mr Starmer was dealt a difficult hand with the Law Lords’ decision that the law needed clarification, and recognise that some of the more egregious aspects of the interim policy were removed. Specific factors against prosecution, such as that the victim was disabled, suffered from a terminal illness, or had previously attempted suicide, were removed following public pressure.

“However we regret that not all the factors against prosecution were removed. The only conceivable reason why someone would want to know what factors there are against prosecuting a crime is because they were interested in committing that crime.  The status quo was that the DPP had discretion over whether to prosecute or not and we believe that this acted as an adequate deterrent while taking into consideration individual cases. By listing factors against prosecution he is in effect creating a check-list for potential malefactors to consider before breaking the law.

“However even were we to accept the rationale of publishing factors against prosecution, there are still serious concerns. The focus on the motive of compassion as a factor against prosecution is fundamentally flawed as motives can be mixed or unverifiable. Definitions of ‘only minor encouragement or assistance’ will vary from person to person and can be subjective.

“While we welcome the DPP’s statement that ‘nothing in this policy can be taken to amount to an assurance that a person will be immune from prosecution’, and his assurance that the police will continue to investigate all cases of encouraging or assisting suicide, we believe these guidelines still represent a grave risk to the lives of the vulnerable. We do not believe the DPP should have been invited to produce guidelines in the first place and will continue to  hold the CPS to account in its handling of cases of assisted suicide.”

The policy lists sixteen ‘public interest factors’ in favour of prosecution, and six against. The six factors against prosecution are:

• The victim had reached a voluntary, clear, settled and informed decision to commit suicide.
• The suspect was wholly motivated by compassion.
• The actions of the suspect, although sufficient to come within the definition of the crime, were of only minor encouragement or assistance.
• The suspect had sought to dissuade the victim from taking the course of action which resulted in his or her suicide.
• The actions of the suspect may be characterised as reluctant encouragement or assistance in the face of a determined wish on the part of the victim to commit suicide.
• The suspect reported the victim’s suicide to the police and fully assisted them in their enquiries into the circumstances of the suicide or the attempt and his or her part in providing encouragement or assistance.