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The right to die
23 February 2009
A recent ruling in the Court of Appeal has failed to clarify the
law on assisted suicide.
Debbie Purdy, aged 45, suffers from progressive multiple
sclerosis. Her wish is to travel to a clinic abroad where assisted
suicide is not illegal. Ms Purdy wants her husband to accompany
her, but sought clarification from the Director of Public
Prosecutions that he would not be charged with a criminal offence
on his return to the UK.
Whilst the act of suicide itself is not a crime, the 1961
Suicide Act makes it an offence to aid or abet a suicide or a
suicide attempt, punishable by up to 14 years in prison. This
offence takes into account the potential scope for malpractice. A
decision to bring a prosecution under the Suicide Act rests with
the Director for Public Prosecutions. Ms Purdy argued that it was
not clear how these decisions were reached and what criteria were
applied in deciding when a prosecution might be brought.
Ms Purdy’s request for specific guidance in relation to assisted
suicide was rejected. The Court of Appeal ruled that only
Parliament could decide if the law should change, and if guidelines
were issued, this may recognise exceptional defences to the
offence. Consideration was, however, given to the case of Daniel
James, a 23 year old who was taken by his family to a Swiss clinic
to end his life after a paralysing rugby accident. The matter was
investigated by the police but the Director of Public Prosecutions
decided it was not in the public interest to bring a prosecution
against his family. Indeed, to date the Director of Public
Prosecutions has never found a basis for prosecution in any case of
assisted dying.
This case may have implications for those dealing with patients
suffering from terminal or highly debilitating illnesses. It is
also interesting to compare this case with the so called ‘Principle
of Double Effect’, whereby a clinical action can have a primary
positive effect, for example a palliative dose of pain relieving
drugs, but a secondary effect of hastening death.
talk to us
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Simon Tait
0115 976 6559/0121 237 3913
Partner and Head of Health
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