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Assisted suicide should be regulated by courts, senior judges told Assisted suicide should be regulated by courts, senior judges told
(34 minutes later)
Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.
In the latest attempt to overturn the prohibition on doctors helping to end the lives of their patients, the court of appeal is considering three requests for legal guidelines to be relaxed.In the latest attempt to overturn the prohibition on doctors helping to end the lives of their patients, the court of appeal is considering three requests for legal guidelines to be relaxed.
At the opening of the case, the court was told that a private member's bill on assisted dying was due to be introduced by Lord Falconer this week. It follows his report on assisted dying, which condemned current laws on the issue as "inadequate and incoherent". The bill will apply only to the terminally ill. At the opening of the case, the court was told that a private member's bill on assisted dying was due to be introduced by Lord Falconer this week. It follows his report on assisted dying, which condemned current laws on the issue as inadequate and incoherent. The bill will apply only to the terminally ill.
The challenges before the appeal court are being brought by Paul Lamb, who suffered catastrophic injuries after a car accident; Jane Nicklinson, widow of the right-to-die campaigner Tony Nicklinson; and a claimant known only as AM.The challenges before the appeal court are being brought by Paul Lamb, who suffered catastrophic injuries after a car accident; Jane Nicklinson, widow of the right-to-die campaigner Tony Nicklinson; and a claimant known only as AM.
Lamb, who has only slight movement in one hand, attended the beginning of the hearing at the Royal Courts of Justice in central London. The case is being heard before a high-powered judicial panel consisting of the Lord Chief Justice, Lord Judge; the Master of the Rolls, Lord Dyson; and Lord Justice Elias. Lamb, who has only slight movement in one hand, attended the beginning of the hearing at the Royal Courts of Justice in central London. The case is being heard before a high-powered judicial panel consisting of the lord chief justice, Lord Judge, the master of the rolls, Lord Dyson, and Lord Justice Elias.
At the start of the hearing, Lord Judge commented: "We are acutely aware of the desperate situation in which the appellants find themselves and we are very sympathetic. But we know, and they surely know, that we cannot decide this case as a matter of personal sympathy. We have to decide it as a point of law." He added that there were large numbers of legal authorities to consider. At the start of the hearing, Judge said: "We are acutely aware of the desperate situation in which the appellants find themselves and we are very sympathetic. But we know, and they surely know, that we cannot decide this case as a matter of personal sympathy. We have to decide it as a point of law." He added that there were large numbers of legal authorities to consider.
The case is an appeal against a decision last year by the high court, which refused to rule upon an application made by Tony Nicklinson and said it was for parliament to decide whether the law should be changed. Nicklinson died shortly afterwards.The case is an appeal against a decision last year by the high court, which refused to rule upon an application made by Tony Nicklinson and said it was for parliament to decide whether the law should be changed. Nicklinson died shortly afterwards.
His lawyers had argued that under human rights legislation there should be a defence of necessity to the offence of murder.His lawyers had argued that under human rights legislation there should be a defence of necessity to the offence of murder.
Paul Bowen QC, representing Nicklinson and Lamb told the appeal court that given the conscious consent of patients requesting to die these were arguments that could and should be decided by the court. Any medical person who assists someone to die currently faced prosecution, he explained. Paul Bowen QC, representing Nicklinson and Lamb, told the appeal court that given the conscious consent of patients requesting to die these were arguments that could and should be decided by the court. Any medical person who helped someone to die currently faced prosecution, he said.
Friends and close family members who take individuals to Switzerland for assisted dying no longer face being charged after changes introduced by the director of public prosecutions.Friends and close family members who take individuals to Switzerland for assisted dying no longer face being charged after changes introduced by the director of public prosecutions.
"The prohibition on assisted suicide has been effectively decriminalised," Bowen said. "This is an issue that the courts can and should resolve.""The prohibition on assisted suicide has been effectively decriminalised," Bowen said. "This is an issue that the courts can and should resolve."
AM, named only as Martin in the hearing, is a 48-year-old man who suffered a severe stroke four years ago.
He is unable to end his life humanely without assistance from someone else taking him to the Dignitas clinic in Switzerland, the court has been told.
His friends and family are unwilling to provide such help so he would have to rely on others. As the legal guidelines now stand, they would be at risk of criminal prosecution.
Martin and his wife are very close to each other, his lawyers have said. "His wife respects Martin's autonomy. But, as is easy to understand, she does not wish to play any part in bringing about her husband's death."
Paul Bowen QC said: "The [government] must protect lives but the courts have another duty also and that is to protect and vindicate human rights."
Judge questioned whether the courts should intervene "even in the face of an absolute prohibition arising from [parliamentary] statute".
Bowen replied that the courts nonetheless had to consider the claimants' rights. "What the court can't do is pass it off and say this is not for us," he said.
Paul Lamb, 57, who needs 24-hour care, has taken on the case brought by Tony Nicklinson, a sufferer of "locked-in syndrome" who died last year, a week after losing his high court euthanasia battle.
Jane Nicklinson is also appealing against the judgment that condemned her husband to a life he no longer wanted to lead.
She is able to pursue a claim in her own right under article 8 (right to private and family life) of the European convention. "She suffered pain, distress and injury as a result of having to witness the cruel, distressing and painful life her husband suffered as he was not able to end his own life," her solicitor, Saimo Chahal, has said.
The case continues.The case continues.