Prosecution numbers suggest 'uncertainty' around legality of assisted suicide

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New figures from the Crown Prosecution Service state that there are 13 suspected cases of assisted suicide being considered for prosecution in England and Wales.

Pro-life group SPUC said the cases were evidence of “growing legal and ethical uncertainty surrounding the issue”.

A bill that would have legalised medically assisted suicide was recently defeated in the Scottish Parliament. A similar law was being considered in Westminster but is about to run out of time.

SPUC noted, however, that although assisted suicide remains illegal, prosecutorial discretion by the authorities could mean that cases are going unpunished.

Guidelines covering the issue were introduced in 2010 by Sir Keir Starmer during his time as Director of Public Prosecutions. The guidelines suggest that someone assisting a suicide out of compassion and cases where the person made a “voluntary, clear, settled, and informed decision” are less likely to be prosecuted.

Cases in which a person is coerced, has a lack of mental capacity, or is assisted by medical professionals, are more likely to be prosecuted under the guidelines.

SPUC noted that such guidelines take what would appear to be a fairly strict and straightforward law and turn it into a “grey area”. 

Peter Kearney, Communications Manager at SPUC, said “If, even under Sir Keir Starmer’s weaker rules, there are still grounds to investigate and even prosecute people in England & Wales for assisting in a suicide then SPUC’s position against the Terminally Ill (Adults) Bill is entirely vindicated.

“Around 3% of investigated assisted suicide cases in the last fifteen years have led to prosecutions due to coercion and other concerns. The proposed assisted dying regime in Westminster would allow these people to slip through the net without protection or justice.

"Coupled with the increased numbers that would use state subsidised suicide, we are left with a tragedy for the vulnerable on our hands.”

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