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11 December 2009 / John Keown
Issue: 7397 / Categories: Features , Public , Human rights , Constitutional law
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Dangerous guidance

John Keown believes post Purdy guidance threatens public safety & undermines justice

In R (on the application of Purdy) v Director of Public Prosecutions [2009] All ER (D) 335 (Jul) the law lords ordered the director of public prosecutions to issue guidance setting out the factors he takes into account in deciding whether it is in the public interest to prosecute assisting or encouraging suicide.

Placed in this invidious position (by a ruling which was, with respect, unsound if not unconstitutional: see NLJ, 2 October 2009, p 1340), the DPP duly drew up interim guidelines and put them out for public consultation until 16 December. The guidelines (A public consultation on the DPP’s interim policy for prosecutors on assisted suicide) need tightening in at least three respects.

First, they need to state in terms that Purdy did not change the law, that assisting suicide remains a serious offence punishable by up to 14 years’ imprisonment, and that Parliament has repeatedly and recently reaffirmed the blanket prohibition. This is particularly important given the misleading

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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