Earlier this year Keir Starmer, the Director of Public Prosecutions (DPP), issued guidelines as to what would influence a decision on whether to prosecute those who assisted another to commit suicide. The guidelines were issued after Debbie Purdy brought her case to the House of Lords demanding reassurance for those needing assistance to end their lives that their loved ones would not face prosecution. The guidelines indicated that close friends or relatives, motivated by compassion, who assisted a terminally ill loved on to die at a time of their own choosing would be unlikely to face prosecution. Many felt this would bring much needed clarity to this area of law, removing the worry from those seeking an assisted death that their loved ones would face prosecution after their death.
On 1 September two friends of Douglas Sinclair were arrested on suspicion of encouraging or assisting a suicide. The police have interviewed the couple and referred the case to the Crown Prosecution Service (CPS) for a decision on whether to prosecute, a process which is likely to take several months. While the CPS consider whether to prosecute the two friends – who should be commended for for their act of love and compassion – will remain on police bail. Having spent 7 months on police bail without ever being charged with any offence I can confirm that it is deeply upsetting and unsettling, not only for the individual bailed but also for their families and friends. My own experience was that the continuous stress, depression and sleepless nights put immense pressures on my relationships with close family members and negatively affected the health of those closest to me. It is clear from the DPP’s guidelines that this pair will never be prosecuted yet they will suffer unnecessarily at a time when they should be allowed to mourn the loss of a loved one.
I had hoped the DPP’s guidelines would reassure those seeking an assisted death that those who helped them out of love and compassion would not suffer for their actions when they were no longer here. My hopes were sadly misplaced and this case serves as a stark reminder that the law in this area requires urgent reform.
