Barker Gotelee

It is offence under the Suicide Act 1961 for a person to be complicit in the suicide of another person.  A person (who may often be a carer) may not aid or abet the suicide or attempted suicide of another person - otherwise an offence is committed with a maximum term of imprisonment of 14 years (although in the recent case of Kay Gilderdale her ‘guilty’ plea to that offence led to a 12 month conditional discharge).

When investigating a death in circumstances where an assisted suicide is the apparent scenario the Police will consider whether a) no offence has been committed b) whether there has been assisted suicide or c) whether in fact there has been a murder or attempted murder. 

The concern for the carers of the terminally ill and those with serious degenerative illnesses is potential criminal culpability where the person for whom they are caring wishes to terminate their life.  Last year Debbie Purdy sought clarification from the House of Lords on this.  She wished to be reassured that her husband would not be prosecuted for acts committed in this country assisting her in any intended suicide to be carried out abroad.  This case triggered the issuing of interim policy guidance by the Crown Prosecution Service which set out circumstances militating towards or against prosecution.  The policy stresses that every case turns on its own peculiar facts and the guidance is not any kind of guarantee against prosecution.  A consultation on this policy issue will be published in Spring 2010.

The current position appears to be that even though a person has assisted in a suicide (contrary to Section 2 Suicide Act 1961) they may be less likely to be prosecuted if:

• the victim is over 18 and had expressed a clear wish to die;
• the carer was told by the victim that this was the case and expressly had asked for their help;
• the victim had a terminal illness or a severe degenerative condition from which they could not recover;
• assistance in the suicide by the carer was motivated only by compassion and no other factors, e.g. financial;
• the carer was a close relative or close friend in a relationship of long term support for the victim, and
• the carer only engaged in a minor role in the suicide of the victim.

This appears to leave us in a position where carers may have a 'steer' on whether they are more likely or less likely to be prosecuted.  There is no indemnity against prosecution - there has currently been no formal change in the law through legislation.

The European Court of Human Rights case of DPP v Pretty in 2002 visited the legality of Section 2 Suicide Act 1961 and found that the UK was not in breach of Human Rights legislation in that assisted suicide case.  Indeed, it pointed out that the express purpose of the particular offence is the protection of the weak and vulnerable and of those incapable of making their own decisions.

(The above is a brief resumé of the current legal position as explained by Tim Ridyard on the BBC Radio Suffolk James Hazell programme broadcast on 2 February 2010).

The interim policy on prosecuting assisted suicide is to be found at www.cps.gov.uk/news/press_releases/144_09

Tim Ridyard

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