He is not a typical campaigner. But behind his quiet manner is such a firm belief that assisted suicide should be legalised in Scotland that he has taken the extraordinary step of describing how as a GP he helped patients who wanted to end their lives. He did not embark on his medical career to do this. Instead, he said, he formed his views through reading and experience with patients over the years. Surprisingly he said Dame Cicely Saunders, credited with founding the hospice movement, made an impression on him early on. Dr Kerr, an atheist, is a volunteer driver for a hospice today. He said: "Cicely Saunders noticed doctors and nurses actually spent much less time with people with a terminal diagnosis and these people became more isolated as their needs increased. I think I was for a long time aware of the appropriateness of doctors discussing end-of-life issues or at least giving patients an opportunity to raise the subject."
The Court of Appeal has given its judgment in the Tony Nicklinson, Paul Lamb and 'Martin' cases, involving three physically disabled men who challenged the laws that make euthanasia and assisted suicide illegal. The ruling is unlikely to provide much comfort to Tony Nicklinson's family, who are continuing his fight for lawful euthanasia in the courts following his death in August 2012, or to Paul Lamb, who has taken Nicklinson's place in the judicial review proceedings. Part of Martin's appeal, which was argued on different grounds to that of Nicklinson and Lamb, was successful.
The focus of this article is upon compassionate killings, that is, criminal cases where a parent/spouse has killed or assisted to die a child/spouse who was suffering from severe disabilities, debilitating injury, chronic or terminal illness. We argue that the partial defence of diminished responsibility, while appropriate for some cases, fails to acknowledge the compassionate and relational nature of these acts and thus fails to identify the quality of the harm committed. We also argue that the general defences of duress of circumstances and necessity, even if they were to be become available, are inappropriate. Developing the concept of ‘compassion’, which is a consideration in relation to prosecution for assisted suicide, we argue for the introduction of a partial defence of ‘compassionate killing’ which would reduce the offence from murder to manslaughter in recognition of the killing as a responsive, relational act of care.
We give Martin permission to appeal against the DPP, although we do not consider that the appeal has any real prospect of success. Our reason for giving permission is the first of the “two other compelling reasons” advanced in the application for permission to appeal. More particularly, we consider that our approach to the role of the DPP and to the decision in Purdy in relation to s2 of the Suicide Act raises questions of sufficient significance to merit consideration by the Court of Appeal.
Campaigners fear assisted suicide is being legalised by the back door as record numbers of Britons end their lives at Dignitas – while their relatives escape investigation for helping them. The Swiss suicide clinic helped 33 people from this country to die last year – the highest ever annual figure – pushing the total during the past decade close to 250. But police passed only a handful of files to prosecutors over the assistance provided by loved ones, and no one was charged. A police worker even accompanied her mother to Switzerland but faced no sanction. The Association of Chief Police Officers (ACPO) has recently issued new guidelines to every force in the country about how they should investigate assisted suicides. Although the document is restricted, this newspaper has been shown the section that deals with deaths abroad. It highlights how tough such inquiries can be because of the difficulty in obtaining evidence from foreign authorities.
ACPO lead on homicide responds to the Mail on Sunday making it clear that where we recieve information or intelligence about assisted suicide cases, these investigations are pursued The police service is responsible for investigating cases of encouraging or assisting suicide involving British nationals whether it takes place in the UK or abroad. Whenever we receive information or intelligence about such a case, these investigations are pursued. It is therefore entirely misleading to suggest that ACPO is advising police officers not to investigate deaths abroad (“Assisted suicide 'is legalised' by police: Secret new guidelines from senior officers mean deaths are not investigated”, 24 Feb). The very purpose of such guidance is to assist investigation, by outlining specific considerations for investigators including the legal context and the need to engage with the CPS at earliest stages of an encouraged or assisted suicide inquiry. This is a complex area of investigation and over-si...
The police service is responsible for investigating cases of encouraging or assisting suicide, whether the actual suicide takes place in the UK or abroad and whenever we receive information or intelligence about such a case, these investigations are pursued. Following renewed guidance from the CPS, ACPO has developed specific guidance for police officers investigating such cases. The guidance encourages investigators to engage with the CPS at the very early stages of an encouraged or assisted suicide inquiry. When the police are informed of suicides that have taken place abroad this involves enquiries that lead to consideration of jurisdictional issues which can be complicated by other nations legal systems. Furthermore the progress of any investigation in part relies on the co-operation of foreign police services and agencies. It also requires any UK police force to be able to prove beyond reasonable doubt the circumstances under which the person died and this can be difficult...
Most senior doctors in England and Wales feel that rational suicide is possible. There was no association with specialty. Strong religious belief was associated with disagreement, although levels of agreement were still high in people reporting the strongest religious belief. Most doctors who were opposed to physician assisted suicide believed that rational suicide was possible, suggesting that some medical opposition is best explained by other factors such as concerns of assessment and protection of vulnerable patients.
My name is Geraldine McClelland and I have chosen to die today [7 December]. I am 61 years old and am dying from lung and liver cancer, which metastasised from my breast cancer two years ago. The lung cancer is now causing me serious breathing problems, meaning I am largely confined to my flat. I have chosen to travel abroad to die because I can not have the death I want here in the UK. I would like to be able to choose to take medication to end my life if my suffering becomes unbearable for me, at home, with my family and friends around me. But the law in this country prevents me from doing so. As a result I am travelling abroad to take advantage of Switzerland's compassionate law.
The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome of the Commission were independent, some individuals and groups opposed to the practice regrettably refused to give evidence to the Commission. Still, the range and quantity of the evidence, which included evidence gathered from international research visits, qualitative interviews and focus groups, commissioned papers, and seminars, is impressive and can be read and watched here.
Guidance for the Investigation Committee and case examiners when considering allegations about a doctor’s involvement in encouraging or assisting suicide. Draft for consultation Start: Feb 6, 2012 End: May 4, 2012 Results Published: Jul 31, 2012
The General Medical Council is launching its first ever guidelines on assisted suicide. The new guidelines will help the GMC decide if doctors should face a disciplinary panel if they are alleged to have encouraged or assisted suicide. A draft version is to be subject to a three month public consultation period. The GMC's chief executive, Niall Dickson said "the main message is that assisting suicide is illegal and doctors should have no part of it". The GMC, which is the regulatory authority for doctors, decided to produce the guidelines after the case of a severely paralysed man, which was highlighted by the BBC last summer. The man, given the pseudonym "Martin", told the PM Programme that he wanted to end his life and was taking legal action to try to get advice and help to do so.
Penney Lewis, a law professor at King's College London, said the U.K. had become more receptive to allowing assisted suicide in recent years but not euthanasia. "Granting Nicklinson a hearing does not mean euthanasia will be allowed, but it is a big step," she said. Legalizing euthanasia in the Netherlands began in a similar fashion, with doctors in court cases employing arguments much like those of Nicklinson's legal team, Lewis said.
According to a BBC report, Tony Nicklinson, 58, from Melksham, Wiltshire, has “locked-in syndrome” after a stroke in 2005 and “is unable to carry out his own suicide.” “He is seeking legal protection for any doctor who helps him end his life.” In fact, it is not quite correct that Tony Nicklinson “is unable to carry out his own suicide.” He could at present refuse to eat food or drink fluids. Hunger strikers do this for political reasons. He could do it for personal reasons. People should not be force fed against their own autonomous wishes.
Dignity in Dying has today welcomed MPs' historic decision to back Director of Public Prosecutions (DPP) guidelines on assisted suicide, as well as MPs endorsement of further development of end-of-life care via an amendment to the motion. The DPPs guidelines make clear that those who compassionately assist a loved one to die at their request are unlikely to be prosecuted, and that those who maliciously encourage the death of another will feel the full force of the law.
Sir Terry Pratchett, the fantasy writer who was diagnosed with Alzheimer's in 2008, said yesterday he had started the formal process that could lead to his own assisted suicide at the Dignitas clinic in Switzerland. Pratchett, whose BBC2 film about the subject of assisted suicide is to be shown on BBC2 tomorrow, revealed he had been sent the consent forms requesting a suicide by the clinic and planned to sign them imminently. "The only thing stopping me [signing them] is that I have made this film and I have a bloody book to finish," he said during a question-and-answer session following a screening at the Sheffield documentary festival Doc/Fest. He said that he decided to start the process after making the film Terry Pratchett: Choosing to Die, which shows the moment of death of a motor neurone sufferer, millionaire hotel owner Peter Smedley.