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

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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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