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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll