header-logo header-logo

Public interest test for homicide updated

11 October 2023
Issue: 8044 / Categories: Legal News , Criminal
printer mail-detail
The Crown Prosecution Service (CPS) has updated its guidance for prosecutors on the public interest considerations when dealing with ‘mercy killings’ and failed suicide pacts

It published its revised prosecution guidance on homicide last week, following a 12-week consultation. The guidance, which covers a range of homicide offences, contains amendments to the public interest factors in ‘mercy killings’.

Factors in favour of prosecution are that the suspect influenced the victim not to seek medical treatment, palliative care or independent professional advice or denied access to such. If the suspect was acting in their capacity as a medical doctor, nurse or other healthcare professional and the victim was in their care, this also points in favour of prosecution.

There are six public interest factors tending against prosecution, however, including if the victim had, free of coercion or pressure, ‘reached a voluntary, clear, settled and informed decision that they wished for their life to end’, or if the actions of the suspect ‘may be characterised as reluctant, in the face of significant emotional pressure due to the victim’s wish for their life to end’.

Other factors making prosecution less likely are that the victim was physically unable to end their own life, the suspect made a genuine attempt to take their own life at the same time, the suspect was motivated by compassion alone, and the suspect reported the death to the police and fully assisted in their enquiries.

The CPS guidance points out that nothing in the guidance decriminalises the offences of murder, manslaughter or attempted murder. ‘Nor does it amount to an assurance that a person will be immune from prosecution if he or she does an act that ends the life of another person,’ it states.

The homicide guidance does not cover ‘assisted dying’.

Director of Public Prosecutions Max Hill KC said: ‘A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.

‘Prosecutors must decide the importance of each public interest factor in the circumstances of each case and go on to make an overall assessment.’

Read the full guidance here.

Issue: 8044 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll