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Law clarified on assisted death 'Motive' key on assisted death
(10 minutes later)
New guidance has been issued to clarify the law on assisted suicide in England and Wales. New guidelines over whether people would face prosecution over assisting suicide place closer scrutiny on a suspect's motivation.
But the Director of Public Prosecutions, Keir Starmer, has made it clear it does not cover so called mercy killing. Director of Public Prosecutions, Keir Starmer, said whether a person acted "wholly compassionately" and not for financial reasons was important.
Mr Starmer was forced into the move following a Law Lords ruling last year and had already published draft advice. But he made it clear the advice does not represent a change in the law and does not cover so-called mercy killing.
The final guidelines set out a range of factors to be taken into account when deciding whether or not to prosecute. Mr Starmer had already published draft advice following a Law Lords ruling.
The guidance is not about changing the law; assisted suicide is illegal and carries a jail term of up to 14 years. The guidance is not about changing the law - assisted suicide is illegal and carries a jail term of up to 14 years.
'Informed' decision
However, more than 100 Britons with terminal or incurable illnesses have gone to the Swiss centre Dignitas to die and none of the relatives and friends involved in the cases have been prosecuted.However, more than 100 Britons with terminal or incurable illnesses have gone to the Swiss centre Dignitas to die and none of the relatives and friends involved in the cases have been prosecuted.
This is because the authorities have the power to use their discretion under the terms of the act.This is because the authorities have the power to use their discretion under the terms of the act.
The new guidelines include things such as whether the person was acting for compassionate reasons, if they co-operated with the police, and if the person wanting to die had the mental capacity to make such a decision. The final guidelines set out a range of factors to be taken into account when deciding whether or not to prosecute.
Framework These include whether the victim had reached a "voluntary, clear, settled and informed" decision and had the mental capacity to do so.
The advice is slightly different from the draft version issued in September. The person helping the victim would be expected to co-operate with the police.
FROM THE TODAY PROGRAMME Listen to the full interviewFROM THE TODAY PROGRAMME Listen to the full interview
The focus is now more on the motivation of the suspects rather than the characteristics of the victim. Factors such as pressurising the victim, encouraging them to commit suicide or having a history of abuse against them will make a prosecution more likely.
But Mr Starmer said it did not mean the policy had been tightened or relaxed. The advice is slightly different from the draft version issued in September.
He also said prosecutions were now not more or less likely and all suspects would still face a police investigation. The focus is now more on the motivation of the suspect rather than the characteristics of the victim.
But Mr Starmer said it did not mean the policy had been tightened or relaxed and prosecution was not now more or less likely.
"This policy does not change the law on assisted suicide," said Mr Starmer."This policy does not change the law on assisted suicide," said Mr Starmer.
"It does not open the door for euthanasia. It does not override the will of Parliament."It does not open the door for euthanasia. It does not override the will of Parliament.
"What it does is to provide a clear framework for prosecutors to decide which cases should proceed to court and which should not.""What it does is to provide a clear framework for prosecutors to decide which cases should proceed to court and which should not."
Legal fight
Among the most obvious changes from the draft guidance was the removal of the reference to a person's terminal illness or disability.Among the most obvious changes from the draft guidance was the removal of the reference to a person's terminal illness or disability.
The DPP said this was done because it was felt it could discriminate against people with these conditions and suggest they are less protected.The DPP said this was done because it was felt it could discriminate against people with these conditions and suggest they are less protected.
But Mr Starmer made clear that other factors which remain in the guidance make it clear that it would not be appropriate to help someone who does not need assistance in actually committing suicide.But Mr Starmer made clear that other factors which remain in the guidance make it clear that it would not be appropriate to help someone who does not need assistance in actually committing suicide.
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Legal fight
Mr Starmer acted after a long running legal fight by Debbie Purdy, from Bradford, who has multiple sclerosis.Mr Starmer acted after a long running legal fight by Debbie Purdy, from Bradford, who has multiple sclerosis.
In July, Law Lords ruled she had the right to know under what circumstances her husband would be prosecuted if he helped her travel abroad to die.In July, Law Lords ruled she had the right to know under what circumstances her husband would be prosecuted if he helped her travel abroad to die.
The framework comes into force immediately after a consultation which gathered nearly 5,000 responses.The framework comes into force immediately after a consultation which gathered nearly 5,000 responses.
Northern Ireland has also been carrying its own consultation.Northern Ireland has also been carrying its own consultation.
Scotland does not have a specific law on assisted suicide.Scotland does not have a specific law on assisted suicide.

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