Crime Solicitors

The Director of Public Prosecutions (DPP) Alison Saunders has clarified the position of the Crown Prosecution Service (CPS) regarding healthcare professionals and cases of assisted suicide, which is illegal in the UK.

The DPP was responding to recent comments made in the Supreme Court about assisted suicide cases.

The guidance relates to the possible prosecution of healthcare professionals who may “unduly influence” an individual in a decision to end their life in an assisted suicide.

The DPP has clarified that, in a case involving assisted suicide, the term healthcare professional would refer to a suspect with “a specific and professional duty of care to the person in question” – who is “acting in his or her capacity as a medical doctor, nurse, other healthcare professional, a professional carer [whether for payment or not], or as a person in authority, such as a prison officer, and the victim was in his or her care”.

In an earlier hearing in the Appeal Court, the term healthcare professional relating to a case of assisted suicide had been interpreted by the Lord Chief Justice to mean that if “a person operating in one of the prescribed professions had cared for a victim to the extent that they were in a position of authority – and may have been able to use that authority to exercise undue influence over the victim – then this may be considered as a factor tending in favour of prosecution”.

He added that in his view the term healthcare professional should not be interpreted to mean that professionals brought in to help from outside the family circle “should be more likely to be prosecuted simply because of their professions”.

Alison Saunders said that each case must considered on its own merits and added:

“I am grateful to the Supreme Court for the careful and detailed analysis of this issue. I am happy to further clarify the factor in favour of prosecution where the suspect is a healthcare professional.

“Assisting or encouraging suicide remains illegal and nothing in these guidelines offers immunity against prosecution.
“It is my role to ensure that the guidance I publish contributes to a consistent and principled approach, which can be understood by the public and the police – as well as by prosecutors.”

Ms Saunders said that a footnote would be added to the guidance to help prosecution lawyers – and the words “and the victim was in his or her care” would be highlighted to apply to cases in which there was a “relationship of care” between a suspect and a victim “such that it will be necessary to consider whether the suspect may have exerted some influence on the victim”.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors are available 24/7, 365 days a year to advise at any stage of a criminal charge, including advising healthcare professionals facing charges relating to assisted suicide, medical negligence, or failings in patient care which lead to injury or death.

Duncan Lewis criminal solicitors are a leading provider of Legal Aid services and regularly visit police stations, courts and prisons to advise on criminal law, including youth courts and Young Offender Institutions.

For expert legal advice on criminal charges and representation for police interview under caution, call Duncan Lewis criminal solicitors on 020 7923 4020.

For out-of-hours criminal law advice and representation call the Duncan Lewis Crime Lawyers Out-of-Hours Hotline on 07920 077057.