Dignity in Dying has today welcomed MPs' historic decision to back Director of Public Prosecutions (DPP) guidelines on assisted suicide, as well as MPs endorsement of further development of end-of-life care via an amendment to the motion. The DPPs guidelines make clear that those who compassionately assist a loved one to die at their request are unlikely to be prosecuted, and that those who maliciously encourage the death of another will feel the full force of the law.
Terminally ill patients who want to commit suicide should be able to receive medical help to die, a government adviser on care for the elderly has said. Martin Green, a dementia expert for the Department of Health, said patients who were too frail to take their own lives were being denied “choice” and “autonomy” because assisted suicide is illegal in the UK. In an interview with The Daily Telegraph, he urged ministers to review the law and suggested that a referendum or a free vote in Parliament should be called to settle policy on the issue. “If you’re going to give people ‘choice’, it should extend to whether or not they want to die,” he said.
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
Most senior doctors in England and Wales feel that rational suicide is possible. There was no association with specialty. Strong religious belief was associated with disagreement, although levels of agreement were still high in people reporting the strongest religious belief. Most doctors who were opposed to physician assisted suicide believed that rational suicide was possible, suggesting that some medical opposition is best explained by other factors such as concerns of assessment and protection of vulnerable patients.
The CPS has decided that charges will not be brought against Dr Elisabeth Wilson and two individuals following the death of Caroline Loder at her home in Surrey on 8 June 2009. A spokesperson said: "We have thoroughly reviewed a file of evidence in relation to a woman and 2 men suspected of committing an offence of aiding, abetting, counselling or procuring the suicide of another contrary to s2 of the Suicide Act 1961. We have decided that there is not sufficient evidence to prosecute one of the men. The assistance he gave to the deceased was not of a kind that could be said to have assisted the act of suicide. "We have further decided that although there is sufficient evidence to prosecute one of the men and the woman, after considering the public interest factors tending in favour and against prosecution, as outlined in the Policy for Prosecutors in respect of cases of encouraging or assisting suicide, it is not in the public interest to bring a prosecution against either of them."
Elderly people should be allowed to end their lives with the help of a doctor even if they are not terminally ill, according to a new campaign group that claims to have widespread support. The Society for Old Age Rational Suicide, led by a former GP known as “Dr Death”, says that pensioners should have the human right to declare “enough is enough” and die with dignity.
Fergus Walsh | 20:30 UK time, Monday, 19 July 2010 The case of Tony Nicklinson will re-open the debate on assisted dying and so-called "mercy killing". He has locked-in syndrome, following a stroke. Unable to talk, he communicates by blinking or nodding his head. He also has a specially adapted computer with a push-button control. Mr Nicklinson wants his wife to be allowed to inject him with a lethal drugs dose without the fear of her being prosecuted for murder or manslaughter. As the law stands, that seems a vain hope because actively taking a life, even with consent, has always been treated as a crime, leading to a jury trial.
A GREAT-grandmother has condemned her treatment at the hands of Surrey Police as ‘grotesque and incompetent’. Dr Libby Wilson, an 83-year-old family planning pioneer, has been on bail for ‘aiding, abetting, counselling or procuring a suicide’ since September last year in relation to the death of Cari Loder, a 48-year-old Godalming woman who had Multiple Sclerosis.
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.
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.”
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.
A man with "locked-in syndrome" has begun legal action, asking the director of public prosecutions to clarify the law on so-called mercy killing. Tony Nicklinson, 56, wants his wife to be allowed to help him die without the risk of being prosecuted for murder. Mr Nicklinson, of Chippenham, Wiltshire, communicates by blinking or nodding his head at letters on a board. His lawyers say he is "fed up with life" and does not wish to spend the next 20 years in this condition. According to his legal team, his only lawful means of ending his life is by starvation - refusing food and liquids. His wife Jane says she is prepared to inject him with a lethal dose of drugs, but this would leave her liable to be charged with murder.
A new campaign by disability rights activists to limit the right to die launches at Westminster on Thursday. The campaign - called Not Dead Yet UK Resistance - will be asking MPs to sign a charter in support of its aims. It says that disabled and terminally ill people should enjoy the same legal protection as everyone else. Those in favour of assisted suicide argue that opposing assisted suicide will condemn terminally-ill people to suffer needlessly. The Not Dead Yet UK's charter includes a commitment to oppose any changes to existing laws which state that assisting a patient to commit suicide is illegal.
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.
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.
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.
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.
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.
While assisted suicide (AS) is strictly restricted in many countries, it is not clearly regulated by law in Switzerland. This imbalance leads to an influx of people—‘suicide tourists’—coming to Switzerland, mainly to Zurich, for the sole purpose of committing suicide. Political debate regarding ‘suicide tourism’ is taking place in many countries. Swiss medicolegal experts are confronted with these cases almost daily, which prompted our scientific investigation of the phenomenon. The present study has three aims: (1) to determine selected details about AS in the study group (age, gender and country of residence of the suicide tourists, the organisation involved, the ingested substance leading to death and any diseases that were the main reason for AS); (2) to find out the countries from which suicide tourists come and to review existing laws in the top three in order to test the hypothesis that suicide tourism leads to the amendment of existing regulations in foreign countries. ...
The Royal College of General Practitioners (RCGP) is to remain opposed to any change in the law on assisted dying, it has been revealed today following one of the most comprehensive consultations of its members. More than 1,700 members responded to the consultation, which was open from 22 May 2013 until 9 October 2013. College members responded either as individuals, or through one of the RCGP Devolved Councils, one of the RCGP Faculties (local branches), or via a College committee or group. The consultation was conducted through a range of methods, including debates at local meetings, online polls and individual correspondence. Today’s Council debate on the issue ended with a resolution to “maintain the College’s position of opposition to a change in the law on assisted dying”. Seventy seven per cent of RCGP members who submitted individual responses to the consultation expressed the opinion that the College should remain opposed to a change in the law to permit assisted dying. In add
Campaigners fear assisted suicide is being legalised by the back door as record numbers of Britons end their lives at Dignitas – while their relatives escape investigation for helping them. The Swiss suicide clinic helped 33 people from this country to die last year – the highest ever annual figure – pushing the total during the past decade close to 250. But police passed only a handful of files to prosecutors over the assistance provided by loved ones, and no one was charged. A police worker even accompanied her mother to Switzerland but faced no sanction. The Association of Chief Police Officers (ACPO) has recently issued new guidelines to every force in the country about how they should investigate assisted suicides. Although the document is restricted, this newspaper has been shown the section that deals with deaths abroad. It highlights how tough such inquiries can be because of the difficulty in obtaining evidence from foreign authorities.
The police service is responsible for investigating cases of encouraging or assisting suicide, whether the actual suicide takes place in the UK or abroad and whenever we receive information or intelligence about such a case, these investigations are pursued. Following renewed guidance from the CPS, ACPO has developed specific guidance for police officers investigating such cases. The guidance encourages investigators to engage with the CPS at the very early stages of an encouraged or assisted suicide inquiry. When the police are informed of suicides that have taken place abroad this involves enquiries that lead to consideration of jurisdictional issues which can be complicated by other nations legal systems. Furthermore the progress of any investigation in part relies on the co-operation of foreign police services and agencies. It also requires any UK police force to be able to prove beyond reasonable doubt the circumstances under which the person died and this can be difficult...
Two high court judges rejected Debbie Purdy's request for guidelines from the Director of Public Prosecutions on when assisted suicide cases would be prosecuted, saying it was a matter for parliament and not the courts.
Dr Iain Kerr came under fire from Sir Graeme Catto, a former president of the General Medical Council (GMC) which registers UK doctors and now chairman of Dignity in Dying – a group which wants to give the terminally ill the option of killing themselves. Sir Graeme, who lives in Aberdeen, said he disapproved of the help Dr Kerr gave to elderly patients who were intent on suicide. Dr Kerr, who was a GP at Williamwood Medical Centre in Clarkston, East Renfrewshire, confessed to supplying sleeping tablets to a couple who wanted to end their lives together. He also revealed he had advised another pensioner how to use anti-depressants he was taking to kill himself and visited the patient while they took effect. Sir Graeme said: "Dignity in Dying is an organisation that is committed to working within the law to change the law. We simply do not condone healthcare professionals from medicine or nursing or any other group taking matters into their own hands. In Iain Kerr's case that is w...
ACPO lead on homicide responds to the Mail on Sunday making it clear that where we recieve information or intelligence about assisted suicide cases, these investigations are pursued The police service is responsible for investigating cases of encouraging or assisting suicide involving British nationals whether it takes place in the UK or abroad. Whenever we receive information or intelligence about such a case, these investigations are pursued. It is therefore entirely misleading to suggest that ACPO is advising police officers not to investigate deaths abroad (“Assisted suicide 'is legalised' by police: Secret new guidelines from senior officers mean deaths are not investigated”, 24 Feb). The very purpose of such guidance is to assist investigation, by outlining specific considerations for investigators including the legal context and the need to engage with the CPS at earliest stages of an encouraged or assisted suicide inquiry. This is a complex area of investigation and over-si...
Assisted suicide Some concern has been expressed in the media today about the effect of the CPS's policy for prosecutors in respect of cases of encouraging or assisting suicide. Assisting or encouraging suicide remains a criminal offence. The CPS guidelines do not, and could not, replace the law. While no prosecutions have been brought since the guidelines were issued, each case is considered on its own facts and merits and any inference that the CPS has implemented a blanket policy of not prosecuting for this offence is wrong.
Penney Lewis, a law professor at King's College London, said the U.K. had become more receptive to allowing assisted suicide in recent years but not euthanasia. "Granting Nicklinson a hearing does not mean euthanasia will be allowed, but it is a big step," she said. Legalizing euthanasia in the Netherlands began in a similar fashion, with doctors in court cases employing arguments much like those of Nicklinson's legal team, Lewis said.
Police are trying to establish the circumstances surrounding the death of a Glasgow man whose mother took him to a Swiss clinic to die. Helen Cowie told BBC Scotland's Call Kaye show she helped her son Robert, 33, commit suicide after he was left paralysed from the neck down. Mrs Cowie, of Cardonald, Glasgow, said her son went to Dignitas in October and "had a very peaceful ending". Strathclyde Police said they were not investigating the death at this time. However, a spokesman added: "The matter is being given consideration in an effort to establish the circumstances." Mrs Cowie said her son was paralysed in a swimming accident three years ago.
Two people have been arrested on suspicion of assisting the suicide of a disabled man from South Tyneside. Retired engineer Douglas Sinclair, 76, had been suffering from the debilitating disorder multiple system atrophy, his solicitor said. Christopher Potts said Mr Sinclair died in Zurich on 28 July. He arranged his death through the Swiss assisted-suicide organisation Dignitas. The woman and man who were arrested have been bailed as inquiries continue. Mr Sinclair, a father-of-one, had had the condition for two years. He was being cared for at a care home in Jarrow, South Tyneside, when his conditioned worsened earlier this year.
Following the House of Lords' decision in Purdy, the Director of Public Prosecutions issued an interim policy for prosecutors setting out the factors to be considered when deciding whether a prosecution in an assisted suicide case is in the public interest. This paper considers the interim policy, the subsequent public consultation and the resulting final policy. Key aspects of the policy are examined, including the condition of the victim, the decision to commit suicide and the role of organised or professional assistance. The inclusion of assisted suicides which take place within England and Wales makes the informal legal change realised by the policy more significant than was originally anticipated.
Assisted dying should form part of a good palliative care service for terminally ill people in the United Kingdom, said Ann McPherson, a GP and founder of a new group of medical professionals called Dignity in Dying: Healthcare Professionals for Change (BMJ 2010;341:c5498, doi:10.1136/bmj.c5498). Speaking at a debate hosted by the Medical Journalists’ Association last week on assisted dying and whether the law should be changed, Dr McPherson, who is herself dying from pancreatic cancer, called for the law on assisted dying to be changed in a “narrow way” so that people who are dying and who are able to make the decision on how and when they would like to end their life can do so. “Without a change in the law it will make it much more difficult for some people to have a dignified death, which is what everybody is entitled to,” she said.
UK doctors have set up a new group for health professionals to challenge the BMA and a number of royal colleges in their stance against assisted dying for terminally ill people and to push for a change in the law. The group, called Dignity in Dying: Healthcare Professionals for Change, was set up by Ann McPherson, who is dying of pancreatic cancer, after an article she wrote in the BMJ last year generated interest in giving people who are dying the option of help to end their lives when they chose (BMJ 2009;339:b2827 doi:10.1136/bmj.b2827). Dr McPherson, who is a fellow of the Royal College of General Practitioners, said she wants the royal colleges to have a more informed debate about assisted suicide.
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.”
The BMA has long advised doctors - for moral as well as legal reasons - to avoid actions that might be interpreted as assisting, facilitating or encouraging a suicide attempt. This means not giving patients advice on what constitutes a fatal dose or on anti-emetics in relation to a planned overdose, not suggesting the option of suicide abroad nor writing medical reports specifically to facilitate assisted dying abroad, nor on any other aspects of planning a suicide.
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.