A St. Anthony, N.L., mother who says she was told assisted suicide is an option for her 25-year-old daughter wants an apology from Labrador-Grenfell Health.
[W]hy is there such intense pressure to legalise medically assisted suicide or euthanasia? In the past 5 years in the UK there have been three bills introduced into the House of Lords seeking to legalise “assisted dying” in England and Wales; none has made progress and the last one was roundly defeated on a vote in 2006. Yet, despite Parliament's clear lack of appetite to change the law in this area, campaigners have redoubled their efforts, and the main pressure group (Dignity in Dying, formerly the Voluntary Euthanasia Society) is constantly presenting its case in the media.
A mother of a prominent ME sufferer and campaigner has admitted aiding and abetting the suicide of her daughter. Bridget Kathleen Gilderdale, 54, of Stonegate, near Heathfield, Sussex, pleaded guilty to the charge at Lewes Crown Court. But she denied a charge of attempted murder and one of aiding and abetting attempted suicide.
Bridget Kathleen Gilderdale, 54, known as Kay, was arrested at her home in Stonegate, near Heathfield, East Sussex, following the death of her daughter Lynn, 31, who suffered from ME, on 4 December last year. She pleaded guilty to the charge during a brief hearing at Lewes Crown Court today, but denied a charge of attempted murder and one of aiding and abetting attempted suicide. She is alleged to have committed the offences against her daughter, who was struck down with ME at the age of 14, between 2 December and 5 December.
There is no justification for a claim that Christianity must oppose the assisted death of a person who has made their own decision to die, provided that such a person can convince others that their desire to die is fully considered. I will make this argument given two conditions: first that the person is capable of making an educated decision, and second that their end-of-life experience includes full access to both pastoral and medical care.
Dignitas, which says that it is a nonprofit organisation, has not published its figures since 2004. Its rationale is that it is driven by its members (6,000 have signed up, 700 from Britain) and their desire to control the nature of their death. Yet even Ludwig Minelli, its director, admits that he rules like a “benign dictator”.
A man whose terminally ill partner committed suicide in Switzerland has been arrested on suspicion of helping him end his life. Alan Rees, 57, from Dalston in Hackney, east London, said he went with partner Raymond Cutkelvin to the Zurich base of euthanasia organisation Dignitas. Mr Cutkelvin, 58, who had inoperable pancreatic cancer, died there in February 2007.
Campaigner Debbie Purdy has called for an "open debate" on assisted suicide laws after her landmark court victory. Prosecutors are to clarify the law after Law Lords backed Ms Purdy's call for formal advice on the legal position of those who help a loved one to die.
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.
A terminally ill patient confides in you his wish to pursue a path of assisted suicide.1 He asks you for information and support so that he can approach Dignitas and ultimately decide how and when he wishes to die. What would your response be? By providing a forum for discussion and supporting a patient’s decision would a doctor be assisting suicide or helping the patient to make an informed choice? Neither the BMA nor the General Medical Council offers any guidance on how a doctor should respond to a request for information about assisted suicide abroad. In contrast, I was clearly advised by the Medical Protection Society that “UK medical practitioners should refuse any involvement in the case of a patient wishing to discuss assisted dying, including the provision of medical reports or records that a patient might submit to Dignitas.” In addition, providing such information could be construed as constituting a criminal offence under section 2 of the Suicide Act 1961.
The director of public prosecutions (DPP) must spell out clearly his policy on prosecuting people in England and Wales who help friends or relatives go abroad for assisted suicide, the UK’s highest court has ruled. The unanimous judgment from five law lords is a victory for Debbie Purdy, who has primary progressive multiple sclerosis and wants her husband to help her travel to Switzerland—where assisted suicide is lawful—when she decides to die.
Lawyers seek clarification on role of UK doctors in assisted suicide: The UK Medical Protection Society says it will question MPs in the autumn on whether doctors may be prosecuted if they provide medical reports about a patient’s condition or fitness to travel knowing that this information will be passed to clinics such as Dignitas that help people end their life. They are also seeking clarification on whether doctors have a duty to report a patient’s intentions to the authorities.
Assisted suicide after the Lords’ decision in Purdy v DPP [2009] UKHL 45 remains a criminal offence under section 2(1) of the Suicide Act 1961. Whether the assisted suicide itself takes place within or outside the UK, assistance provided within the UK could be the subject of criminal prosecution. Any such prosecution would need the consent of the DPP. The House of Lords has asked the DPP to produce a policy structuring the discretion he exercises when deciding whether to consent to such a prosecution.
The Supreme Court in the US state of Montana is due to begin hearing arguments to decide if severely ill people there have the constitutional right to ask their doctor to help them die. A lower court judgement last December decided that they did, but now the state of Montana is trying to have that ruling overturned.
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.
Guernsey's former health and social services minister says he wants the debate on assisted suicide to be reopened in the island. His comments followed a review into the current UK law aimed at making it clear when someone would be prosecuted. Peter Roffey said public opinion had changed considerably in the five years since he took a report to the States. He said he believed assisting a suicide for compassionate reasons would have the support of the law within 10 years. Mr Roffey said: "What I'd really like to see is a change in the law in England, an honest approach to it, not just saying 'you're still committing a serious crime but we won't prosecute you'. "But if they're not going to prosecute in those circumstances where the action has been driven by compassion there ought to actually be some legislative changes."
Proponents of assisted suicide believe support for legalisation is growing among lawmakers and the public around the world. In the past year three names have been added to the list of places which permit it. The BBC's Vincent Dowd investigates whether assisted suicide is set to become even more common.
Campaigners hailed the guidelines as a victory for common sense. But “right to life” groups said that he had exceeded his authority. Groups from the Law Society to Dignity in Dying insisted that Parliament should still legislate. Mr Starmer said the list of factors weighing in favour or against a prosecution did not mean that assisted suicide was no longer a criminal offence. Lord Falconer of Thoroton, a former Lord Chancellor and the first Justice Secretary, who tried recently to reform the law, hailed the DPP’s guidelines as a “very, very significant step” and said he had “unquestionably changed the law”. “He has done what the law lords ordered him to do — give certainty to people as to what will happen if they decide to help their loved ones to die.”
Plans to relax the laws on assisted suicide have been thrown into doubt after a group of lawyers questioned the role of Lord Phillips of Worth Matravers, Britain’s most senior judge. Lawyers from campaign group the Christian Legal Centre want the advice to be put on hold because of Lord Phillips’ personal sympathy those calling for the rules on assisted suicide to be realxed, which emerged weeks after the judgement was handed down.
The DPP's interim guidance on assisted suicide prosecutions leaves many questions unanswered, says Penney Lewis Despite the publicity surrounding it, assisted suicide remains rare in the United Kingdom. Anonymous surveys of doctors suggest that it is non-existent, although voluntary euthanasia is carried out by doctors in a very small fraction of cases. There are cases of assistance by non-professionals, resulting in a small number of prosecutions for assisted suicide – 16 since April 2005, according to the DPP.
The Swiss government is considering restricting or even banning organised assisted suicide in an attempt to reduce so-called "death tourism". Swiss authorities want to ensure euthanasia is a last resort for the terminally ill, amid fears their current laws on assisted suicide could be open to abuse. A study last year suggested more and more people seeking help to die in Switzerland did not have a terminal illness. "We have no interest, as a country, in being attractive for suicide tourism," the Swiss justice minister, Eveline Widmer-Schlumpf, told reporters in Berne, adding that more foreigners were travelling to Switzerland to die.
Federal Council presents two options for consultation Press Release, FDJP, 28.10.2009 Berne. The Federal Council wishes to lay down specific regulations for organised assisted suicide. It is proposing two options that will change Swiss criminal law: the determination in the Penal Code of clear duties of care for employees of assisted suicide organisations, or a complete ban on organised assisted suicide per se. On Wednesday, the Federal Council presented the two versions of its bill, as well as an explanatory report, for consultations that will last until 1 March 2010.
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.
In 2006 the University Hospital of Lausanne (CHUV) introduced an institutional directive specifying the conditions for assisted suicide, in accordance with professional guidelines and the recommendation of the Swiss National Advisory Commission on Biomedical Ethics that every acute care hospital take up a position on this subject. Methods: 18-months follow-up analysis of patient requests and application of the directive by hospital staff. Results: Of the 54000 patients hospitalised between January 1, 2006, and June 30, 2007, six requests were recorded, all within the first 7 months after introduction of the directive and in the context of severe and life-threatening diseases. However, only one of the six patients, living in a nursing home belonging to the hospital, died by assisted suicide. The time distribution of requests seems to be associated with initial media coverage of the assisted-suicide directive’s introduction.
Switzerland's laws that prohibit killing continue to apply in full. Direct, active euthanasia (deliberate killing in order to end the suffering of another person) is therefore also forbidden. By contrast, both indirect, active euthanasia (the use of means having side-effects that may shorten life) and passive euthanasia (rejecting or discontinuing life-prolonging measures) – while not governed by any specific statutory provisions – are not treated as criminal offences provided certain conditions are fulfilled. No legislative action is needed with regard to these three forms of euthanasia. Legal restrictions and a ban on organised assisted suicide are nonetheless open to debate. They are intended to protect human life better, and to prevent organised assisted suicide becoming a profit-driven business.
The Medical Protection Society (MPS) is seeking clarification about the position of doctors who become aware that their patient is considering ending their life in circumstances that might amount to criminal charges. The recent House of Lords decision requiring the Director of Public Prosecutions (DPP) to look at the factors which would be taken into account in deciding whether to bring a prosecution in such cases is helpful. Much of the debate so far has focused on whether relatives or spouses should face prosecution for assisted suicide, but there also needs to be discussion over the difficult position health professionals may find themselves in. Currently, most patients will travel outside the UK, for example to the Swiss clinic Dignitas for an assisted suicide.
Amongst the latest, and ever-changing, pathways of death and dying, “suicide tourism” presents distinctive ethical, legal and practical challenges. The international media report that citizens from across the world are travelling or seeking to travel to Switzerland, where they hope to be helped to die. In this paper I aim to explore three issues associated with this phenomenon: how to define “suicide tourism” and “assisted suicide tourism”, in which the suicidal individual is helped to travel to take up the option of assisted dying; the (il)legality of assisted suicide tourism, particularly in the English legal system where there has been considerable recent activity; and the ethical dimensions of the practice. I will suggest that the suicide tourist—and specifically any accomplice thereof—risks springing a legal trap, but that there is good reason to prefer a more tolerant policy, premised on compromise and ethical pluralism.
The Supreme Court in Montana has ruled that nothing in the state's law prevents patients from seeking medical assistance to commit suicide. The ruling paves the way for Montana to become the third US state alongside Washington and Oregon to allow patients to seek the procedure. The decision comes a year after a lower court ruled it constitutional. Doctors will now be able to prescribe the necessary drugs to the terminally ill without fear of prosecution. The state's Supreme Court said there was nothing in its precedent showing that doctor-assisted suicide was against public policy. However, it did not go as far the district court, which ruled last year that the right of terminally-ill patients to ask their doctors to help them die was protected by the state's constitution.
Terminally ill or severely disabled patients as young as 16 will be able to seek help to end their lives in Scotland under proposals to make the country the first in the UK to legalise assisted suicide. Margo MacDonald, the independent MSP, today unveiled a Bill that she hopes will allow those whose lives have become intolerable a dignified death at home. If the Bill were to be passed Scotland would become the only place in the UK where it would be legal to help someone to end their life.
A mother has been found not guilty of the attempted murder of her severely ill daughter who had ME. Bridget Kathleen Gilderdale, 55, of Stonegate, East Sussex, was cleared of attempting to murder Lynn Gilderdale by jurors at Lewes Crown Court. Gilderdale had previously admitted aiding and abetting the suicide of her 31-year-old daughter and was given a 12-month conditional discharge.
The House of Lords in Purdy forced the DPP to issue offence-specific guidance on assisted suicide, but Jacqueline A Laing argues that the resulting interim policy adopted last September is unconstitutional, discriminatory and illegal. In July 2009, the law lords in R (on the application of Purdy) v Director of Public Prosecutions [2009] All ER (D) 335 required that the DPP publish guidelines for those contemplating assisting another to commit suicide. The DPP produced a consultation paper (23 September 2009) seeking to achieve a public consensus, albeit outside Parliament, on the factors to be taken into account in determining when not to prosecute assisted suicide. Although the consultation exercise is hailed by proponents of legislative change as a democratic, consensus-building and autonomy-enhancing initiative, there is much to suggest that, on the contrary, the guidance is unconstitutional, arbitrary and at odds with human rights law, properly understood.
The British Medical Association and the General Medical Council have already made it abundantly clear that they want no part in voluntary euthanasia becoming a clinical practice. Now the estimable Royal College of Physicians, the professional body representing over 20,000 physicians that “aims to improve the quality of patient care by continually raising medical standards”, has weighed in with a strongly worded letter to the DPP. “We would go so far as to say”, writes the College’s Registrar, Dr Rodney Burnham, “that any clinician who has been part, in any way, of assisting a suicide death should be subject to prosecution.” Dr Burnham continues: “The trust afforded doctors and nurses in particular gives their views considerable weight with their patients and the public. Clinicians’ duties of care entail active pursuit of alternative solutions to assisted suicide, not its facilitation.”
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.
The new Scotland Parliament bill to legalize assisted suicide–which I noted in an earlier post, permits disabled or dying teenagers access to “end of life assistance”–clearly includes active mercy killing. Note that since the method of killing isn’t specified or limited, it would seem that any method agreed upon by the suicidal person and the killing actor would be legal, theoretically including being shot in the head, so long as it “allowed a person to die with dignity,” which is in the eye of the dying person, it would seem, and caused “a minimum of distress,” which a bullet to the head would provide. And it is very clear that the actual suicide assister/killer need not be the patient’s physician or, for that matter, even a health care practioner.
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."
Two daughters who sat with their mother for four days as she lay dying will not be charged with assisted suicide. Jane Aiken Hodge, 91, who had high blood pressure and mild leukaemia, held a “Do not resuscitate” card. She wrote a letter to her GP saying she did not want to be revived when she took an overdose of sleeping pills in June last year. Michael Jennings, a reviewing lawyer for the Crown Prosecution Service, said that he was satisfied the death was an independent suicide.
Should those with incurable illnesses be allowed to choose how and when they die? In his Richard Dimbleby lecture, author Terry Pratchett, who has Alzheimer's disease, makes a plea for a common-sense solution. This is an edited extract of Terry Pratchett's Richard Dimbleby lecture, Shaking Hands With Death, which was broadcast on BBC1 on 1 February
The Crown Prosecution Service (CPS) has decided there is insufficient evidence to bring charges against any individual in relation to the death of Jane Hodge on 17 June 2009. Mrs Hodge, 91, died following an overdose of prescribed drugs at her home in Lewes, East Sussex. Her death was referred to the coroner as a suicide and subsequently Sussex Police launched an investigation into her death. A file of evidence was submitted to the CPS in August 2009 and the case considered under the Code for Crown Prosecutors. The Code requires a prosecutor to first decide if there is enough evidence to proceed with a charge. If there is, the prosecutor must then consider if it is in the public interest to do so.
The Director of Public Prosecutions, Keir Starmer QC, has today called for final contributions to his public consultation on his interim policy for prosecutors in respect of cases of assisted suicide. He said: "I have already received over 2000 responses from both individuals and organisations since I published my interim policy in September, which I am sure is an indication of the strong views many people hold on this issue. I urge those who may still want to contribute to send their views to my assisted suicide policy team. All the responses will be considered when drafting the final policy." The consultation is due to close at 5:00pm on Wednesday 16 December with the final policy due for publication in spring 2010. Until the final policy is published, the interim policy will be applied to all cases.
... over the years there have been numerous complaints by hon. Members regarding the persistent bias of the BBC on matters relating to euthanasia and other life issues and on the manner in which the BBC have misused public funds to promote changes in the law; ... the bias of the Corporation applies not only to news programmes but to drama, with thinly-disguised plays and soap operas being used to promote the use of euthanasia ...; ... these presentations have culminated in the last weeks with a multi-million pound campaign featuring Mrs Kay Gilderdale in Panorama and ... Sir Terry Pratchett, given centre stage to present this year's BBC Richard Dimbleby lecture calling for euthanasia and supported by the BBC website; ... every disability rights group in the UK is opposed to the legalisation of assisted suicide and euthanasia on the grounds that from experience they know it would undermine the right to life of the disabled; ...
Today I am publishing the Crown Prosecution Service’s policy on encouraging or assisting suicide. When it passed the Suicide Act 1961, Parliament specifically required discretion to be exercised in every case and my consent is needed before any prosecution for assisted suicide can be brought. In the case brought by Debbie Purdy last year, the House of Lords understood that. It did not question whether there should be a discretion to prosecute or not. But, accepting that discretion, it required me, as DPP, to “clarify what [my] position is as to the factors that [I] regard as relevant for and against prosecution”.
On 25 February, the Director of Public Prosecutions, Keir Starmer QC, launched the Policy for Prosecutors in respect of cases of Encouraging or Assisting Suicide.
New guidelines over whether people would face prosecution over assisting suicide place closer scrutiny on a suspect's motivation. Director of Public Prosecutions, Keir Starmer, said whether a person acted "wholly compassionately" and not for financial reasons was important. But he made it clear the advice does not represent a change in the law and does not cover so-called mercy killing.
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.
This case note examines the implications of the House of Lords decision to order the DPP to issue offence specific guidelines allowing those contemplating assisting terminally ill persons to commit suicide to know the risk they face of prosecution under section 2(1) of the Suicide Act 1961. On the assumption that these guidelines will be law, and binding upon the DPP as well as the CPS, does this represent a change in the law, or a situation in which it may be unlawful to enforce the law, or even generate a legal right of disobedience to law?
Doctors and healthcare professionals could face a higher risk of prosecution if they help patients take their own lives according to new guidelines published by the Director of Public Prosecutions Keir Starmer QC last week. The ‘Policy for Prosecutors in respect of Cases of Encouraging or Assisting Suicide’ comes seven months after the House of Lords ruling in the Purdy case which required the DPP to clarify its approach to assisted dying. The new guidelines follow a consultation which attached 4,710 responses and replace the interim policy issued in September last year with a set of 16 factors in favour of prosecution and six against. The main thrust of the new policy is that individuals driven by compassion will be unlikely to be prosecuted if this was their guiding motive. Those motivated by gain would be.
The new prosecution policy, published this week by Keir Starmer QC, Director of Public Prosecutions, applies directly to the jurisdiction of England and Wales. Similar guidelines were simultaneously published by the Public Prosecution Service in Northern Ireland.
Background In Switzerland, right-to-die organisations assist their members with suicide by lethal drugs, usually barbiturates. One organisation, Dignitas, has experimented with oxygen deprivation as an alternative to sodium pentobarbital. Conclusions The dying process of oxygen deprivation with helium is potentially quick and appears painless. It also bypasses the prescribing role of physicians, effectively demedicalising assisted suicide. Oxygen deprivation with a face mask is not acceptable because leaks are difficult to control and it may not eliminate rebreathing. These factors will extend time to unconsciousness and time to death. A hood method could reduce the problem of mask fit. With a hood, a flow rate of helium sufficient to provide continuous washout of expired gases would remedy problems observed with the mask.
By attempting to avoid accusations that he is creating a regulatory regime, the DPP in his final policy on assisted-suicide prosecutions has wrongly exposed those with much-needed medical expertise to the risk of prosecution, says Penney Lewis
The Crown Prosecution Service has decided that, while there is sufficient evidence to charge Caractacus Downes with an offence of assisting the suicide of his parents, Sir Edward and Lady Joan Downes, it is not in the public interest to do so. Sir Edward and Lady Downes died at the Dignitas Clinic, in Switzerland, on 10 July 2009. A short time later, solicitors acting on behalf of Mr Downes contacted the Metropolitan Police to report his parents' suicide. The police investigated the matter and a file of evidence was provided to the CPS for consideration.
Sir Edward and Lady Downes took their own lives at the Dignitas Clinic in Switzerland on 10 July 2009. Since there was information to suggest that one or both of their children, Mr Caractacus Downes and Ms Boudicca Downes, may have assisted their parents to commit suicide, a police investigation into their acts took place. After a careful review of all the evidence by senior prosecuting lawyers, it has been decided that there is no evidence to support a charge against Ms Downes and that, although there is enough evidence to charge Mr Downes with an offence under section 2(1) of the Suicide Act 1961, a prosecution is not required in the public interest. In relation to Ms Downes, there is no evidence that she undertook any act in England and Wales that could have assisted her parents in committing suicide. Accordingly, there is no evidence to support a prosecution under the Suicide Act 1961.
In a wallet on her kitchen table Debbie Purdy keeps the two pieces of plastic that will enable her to make her final journey. The Visa credit cards — one for her and one for her husband, Omar Puente — have a limit of £7,500. She has not spent a penny because she wants to keep them clear to pay for her death. “We don’t carry them with us because it’s only for use . . .” She stops short of referring specifically to the trip that she plans to make to the Dignitas assisted suicide clinic in Switzerland. “We haven’t really talked about the cards but we both have copies because I am worried that he will need it to get home and stuff like that.” We would not be having this conversation if Ms Purdy, who has multiple sclerosis, had not won a landmark legal victory last year forcing the Director of Public Prosecutions (DPP) to clarify the law on assisted suicide. “I would probably have been dead for six months at this point. It’s terrifying. I love being alive.”
A respected graphic artist known for characters such as Judge Dredd has died at the Swiss-based assisted suicide clinic Dignitas, it has been revealed. John Hicklenton, 42, who lived in Brighton, died at Dignitas on 19 March following a 10-year fight with Multiple Sclerosis.
A leading doctors’ organisation has today warned that doctors face a greater risk of prosecution for assisting a patient’s suicide following the publication of the DPP’s final Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. The Medical Protection Society (MPS) – which provides indemnity, legal and professional support to around half of all doctors in the UK – said that the new policy sends a clear signal that prosecutions are more likely to be brought against healthcare professionals in circumstances where they might have assisted a patient’s suicide. The organisation warned doctors to be extremely cautious when providing help or advice to patients who are considering assisted suicide.
The MDU has grave concerns about how the new policy* on whether or not to prosecute the offence of assisted suicide, will be applied to doctors. “The MDU’s advice to its members remains that doctors approached by patients for advice about suicide should not engage in discussion which assists the patient to that end. Members who are faced with requests for help from patients, including for example the provision of medical reports, should contact us for advice.”
No charge will be brought against Michael Bateman in relation to the death of his wife Margaret on 20 October 2009. The Crown Prosecution Service (CPS) today decided there was sufficient evidence to charge Mr Bateman with aiding or abetting a suicide, but it would not be in the public interest to do so.
A man who helped his wife to kill herself by placing a bag over her head will not face charges, the Crown Prosecution Service (CPS) has said. The CPS said there was sufficient evidence to charge Michael Bateman, 63, of Birstall, West Yorkshire, but it was not in the public interest to do so. Mr Bateman admitted assisting his wife Margaret, 62, who had suffered decades of pain, with her death in October. Mrs Bateman died by inhaling helium gas with a plastic bag over her head. Bryan Boulter, reviewing lawyer for the CPS special crime division, concluded that Mr Bateman's only motivation for being involved in the death of his wife was compassion.
A judge in the US state of Minnesota has ordered a former nurse accused of encouraging suicide on the internet to stay offline. William Melchert-Dinkel, 47, is charged in connection with the deaths of Briton Mark Drybrough in 2005, and Canadian Nadia Kajouji in 2008. He allegedly posed as a female nurse, advising people in chatrooms on how to take their own lives. He reportedly admitted helping up to five people kill themselves.
An author who has argued for assisted suicide has been appointed adviser to the Holyrood committee scrutinising MSP Margo MacDonald's bill calling for sick people to be given the right to die. Pro-life campaigners are angered by the appointment of Alison Britton, the co-author of The Case For Assisted Suicide, to her position as the committee's only adviser and sought assurances that she will be impartial. If passed by the parliament, MacDonald's highly emotive bill could see terminally ill or permanently physically incapable people deciding to end their lives legally. Gordon Macdonald of the pressure group Care Not Killing has written to Ross Finnie, the Lib Dem MSP who chairs the End of Life Assistance (Scotland) Bill Committee, to express his concerns. "Alison Britton co-authored with Prof Sheila McLean, a book entitled The Case For Physician Assisted Suicide and a report titled Sometimes a Small Victory," Macdonald said.