It published its revised prosecution guidance on homicide last week, following a 12-week consultation. The guidance, which covers a range of homicide offences, contains amendments to the public interest factors in ‘mercy killings’.
Factors in favour of prosecution are that the suspect influenced the victim not to seek medical treatment, palliative care or independent professional advice or denied access to such. If the suspect was acting in their capacity as a medical doctor, nurse or other healthcare professional and the victim was in their care, this also points in favour of prosecution.
There are six public interest factors tending against prosecution, however, including if the victim had, free of coercion or pressure, ‘reached a voluntary, clear, settled and informed decision that they wished for their life to end’, or if the actions of the suspect ‘may be characterised as reluctant, in the face of significant emotional pressure due to the victim’s wish for their life to end’.
Other factors making prosecution less likely are that the victim was physically unable to end their own life, the suspect made a genuine attempt to take their own life at the same time, the suspect was motivated by compassion alone, and the suspect reported the death to the police and fully assisted in their enquiries.
The CPS guidance points out that nothing in the guidance decriminalises the offences of murder, manslaughter or attempted murder. ‘Nor does it amount to an assurance that a person will be immune from prosecution if he or she does an act that ends the life of another person,’ it states.
The homicide guidance does not cover ‘assisted dying’.
Director of Public Prosecutions Max Hill KC said: ‘A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.
‘Prosecutors must decide the importance of each public interest factor in the circumstances of each case and go on to make an overall assessment.’
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