header-logo header-logo

01 October 2009 / John Keown
Issue: 7387 / Categories: Opinion , Human rights , Constitutional law
printer mail-detail

In need of assistance?

It is one thing for the courts to protect citizens from the arbitrary use of prosecutorial discretion resulting in abuse of process; quite another to require prosecutors to spell out the public interest criteria they will apply in relation to particular crimes, not least to particular instances of particular crimes. Circumstances are infinitely variable, especially when a case is hypothetical. Ms Purdy may never be assisted in suicide, by her husband or anyone else. For all we know, she may—like Mrs Pretty—end up dying a natural death in an English hospice. In short, Purdy seems unprecedented, unsound and unconstitutional.

Debbie Purdy has multiple sclerosis and may, at some point, want her husband to help her travel to a jurisdiction where assisted suicide is permitted.

She asked the DPP to identify the factors he takes into account in deciding whether to give his consent to prosecution for the offence of assisting suicide contrary to the Suicide Act 1961 (SA 1961), s 2.

He declined. She sought judicial review. In R (on the application of Purdy)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll