Keir Starmer, the head of the Crown Prosecution Service, is to clarify whether people should be prosecuted for aiding a suicide following a landmark ruling by the Law Lords last week. It had been assumed that this guidance would affect only cases in which friends or relatives helped people to die abroad, such as at the Dignitas clinic in Zurich. However, in an interview with The Daily Telegraph, Mr Starmer said the “broad principles” of his new guidelines would apply equally to acts of assisted suicide planned and carried out at home.
A government source said: "Parliament is currently divided on this issue, but it may be that after Starmer produces his guidance, politicians will recognise that this is an ethical issue that cannot be left" to the Crown Prosecution Service alone.
It is not just friends and family who want clarity about potential criminal prosecutions for helping someone travel abroad for an assisted suicide - doctors too may face criminal proceedings for offering advice or assistance under the current law. In this week's Scrubbing Up, the Medical Defence Union's Dr James Armstrong warns that doctors may be putting their livelihood and liberty on the line by becoming involved.
People who stand to benefit financially from a person’s death are likely to be the ones prosecuted for assisting a suicide, under guidelines to be issued this week. The law will remain unchanged but new rules will detail the factors that are likely to lead to a prosecution, the Director of Public Prosecutions (DPP) said yesterday. Keir Starmer, QC, drew them up after the law lords backed Debbie Purdy, a multiple sclerosis sufferer who called for a policy statement on whether people who helped someone to kill themselves should be prosecuted. The policy, which will be issued on Wednesday, will aim to clarify when individuals are more likely to be prosecuted or more likely not to be, he said.
Guidelines on assisted suicide law will be published by the Director of Public Prosecutions this week to clarify when people are likely to be prosecuted. Keir Starmer QC told the BBC factors that would be considered included whether anyone helping in the suicide stood to gain financially. He said assisted suicide would remain an offence as the law was unchanged.
Britain To Clarify Policy on Euthanasia - Prosecution Factors Will Be Spelled Out By Karla Adam Special to The Washington Post Wednesday, September 23, 2009
VANCOUVER, B.C. — An Australian right-to-die group that wants to teach seriously ill patients how to end their lives has been turned away by the Vancouver public library over concerns that such an event could violate laws that prohibit assisted suicide. Melbourne-based Exit International wants to hold a workshop in November that would include information about which drugs patients can take to kill themselves, how to obtain them and how to take them. The Vancouver Public Library initially took the booking, but has since cancelled after receiving legal advice from its lawyers and local police, said central librarian Paul Whitney. "The library was told in what, for lawyers, I would describe as fairly unambiguous language that the program as presented by Exit International would be in contravention of the Criminal Code," Whitney said Monday. Federal law makes it a crime to counsel, aid or abet someone to kill themselves.
LONDON — Assisted suicide has been illegal in England for nearly 50 years. But, ordered by the courts to clarify the law, the country’s top prosecutor on Wednesday set out a list of conditions under which his office would be unlikely to prosecute people who helped friends or relatives kill themselves.
Legal guidelines aimed at clarifying the law on assisted suicide will not be prepared in Scotland. The director of public prosecutions in England and Wales has spelled out a range of factors to be taken into account when deciding on cases. However, Scotland's top law officer, Lord Advocate Elish Angiolini, said it would be inappropriate for her to publish detailed guidance. Ms Angiolini said the legal landscape in Scotland was different. In response to a letter from Liberal Democrat MSP Jeremy Purvis, Ms Angiolini said the statutory offence of assisted suicide did not exist in Scotland. However, she said involvement in a suicide might amount to homicide and that was up to Scotland's "different system" of public prosecution to determine.
The authorities in Britain are due to issue guidance to clarify the law on assisted suicide. As more and more countries in the West are grappling with how to legislate on this difficult issue, the BBC's Vaudine England looks at how assisted suicide and euthanasia are viewed in Asia.
Yesterday, the Director of Public Prosecutions in Northern Ireland, Sir Alasdair Fraser, issued his interim guidance on prosecuting cases of assisted suicide and urged the people of Northern Ireland to respond to a 12-week consultation on public interest factors in favour of prosecution and those against prosecution for this offence. The guidance is essentially the same as the interim policy issued yesterday by the Crown Prosecution Service in England and Wales.
The Swiss Government is considering new laws that are likely to make it harder for foreigners to travel to clinics, such as Dignitas, to get help to end their life. Recently the British conductor Edward Downes and his wife, Joan, used the services of Dignitas. Unlike his wife, Sir Edward, 85, did not have a terminal illness. In June the Swiss justice minister, Eveline Widmer-Schlumpf, announced that two different draft pieces of legislation would be considered in parliament this autumn. "One is a complete ban on assisted suicide, and one is the introduction of stricter, clearer legislation," she said. Currently it is legal in Switzerland to assist in a suicide unless it can be proved that the assistant has a selfish motive. Opinion polls have always shown that about two thirds of the population have a liberal attitude towards self determined death. But the Swiss are opposed to commercial assisted suicide and the cost to the nation of investigating cases.
A question has arisen as to whether it was in the public interest for the Crown Prosecution Service (CPS) to have prosecuted Kay Gilderdale for attempted murder. This is an important question and, in the interests of transparency and accountability, I have decided to issue a short public answer. As is well known, before proceeding with a case, the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction and that it is in the public interest to bring the case before a court.
Sir Terry Pratchett has said he's ready to be a test case for assisted suicide "tribunals" which could give people legal permission to end their lives. The author, who has Alzheimer's, says he wants a tribunal set up to help those with incurable diseases end their lives with help from doctors. A poll for BBC One's Panorama suggests most people support assisted suicide for someone who is terminally ill.
Kay, an 89-year-old resident of a North Vancouver nursing home, had travelled with family to Zurich, Switzerland, to a clinic called Dignitas. The mother of seven children was in a wheelchair, suffering from a terminal condition called spinal stenosis, which meant her body, as she said, was "totally collapsing."
A doctor involved in the suicide of a terminally-ill cancer sufferer has had his bail extended for the fifth time in a year, Solicitors Journal has learned. Dr Irwin paid for Raymond Cutkelvin’s flight to Zurich, where the 58-year-old took his life at the Dignitas clinic in September 2007. His bail was last extended in November last year and expired in early January this year. He has now been asked to report to Haringey police station on 6 April. Mr Cutkelvin’s partner, Alan Rees, who travelled with him to Zurich, was also arrested and released on bail. He too was asked to report to Haringey police station later in the day on 6 April.
LONDON -- Prosecutors on Thursday said they would consider the issue of motive in cases of assisted suicide before deciding whether to bring charges, in an attempt to clarify how the judiciary will handle an issue that has generated intense controversy in Britain. The new rules do not change the law here -- assisted suicide is still illegal, punishable by up to 14 years in prison -- but they do provide the public with guidance on which cases are likely to be brought to court.
Decades ago, when right-to-die movement first got underway, the Swiss gave broad support to a practice widely viewed as a personal choice. Backed by the world's most liberal right-to-die laws, assisted-suicide groups have since then quietly helped thousands kill themselves. Lately, the increasingly controversial activities of Dignitas and its founder, Ludwig Minelli, are pushing even the famously tolerant Swiss too far, prompting calls for changes in the nation's assisted-suicide law. Mr. Minelli has long played the agent provocateur of Switzerland's right-to-die movement, most notably because his group helps the lion's share of foreigners who come to Switzerland seeking to end their lives.