February 26, 2010

Source: Irish Examiner
Date: 2010-02-26
Page: 5
Author: by Jack Doyle
Headline: British DPP outlines assisted suicide prosecution guidelines
Text: British DPP outlines assisted suicide prosecution guidelines by Jack Doyle The British Director of Public Prosecutions, Keir Starmer QC, yesterday published his final guide- lines for prosecutors on assisted suicide.

A prosecution is more likely if: • The victim was under 18 years of age, • The victim did not have the mental capacity to reach an informed decision to commit suicide.

• The victim had not reached a voluntary, clear, settled and informed deci- sion to comm'it suicide.

• The victim had not clearly and unequivocally communicated his or her decision to commit suicide to the suspect.

• The victim did not seek the encouragement or assistance of the suspect personally or on his or her own initiative.

• The suspect was not wholly motivated by compassion.

• The suspect pressured victim to commit suicide.

• The suspect did not take reasonable steps to ensure that any other person had not pressured the victim to commit suicide.

• The suspect had a histo- ry of violence or abuse against the victim.

• The victim was physical- ly able to undertake the act that constituted the assis- tance him or herself.

• The suspect was un- known to the victim and encouraged or assisted the victim to commit or at- tempt to commit suicide by providing specific infor- mation via, for example, a website or publication.

• The suspect gave en- couragement or assistance to more than one victim not known to each other.

• The suspect was paidby the victim or thoseclose to the victim for hisor her encouragement orassistance.

• The suspect was actingin his or her capacity as amedical doctor, nurse, oth-er healthcare professional,a professional carer, or asa person in authority, suchas a prison officer, and thevictim was in his/her care.

• The suspect was awarethat the victim intended tocommit suicide in a publicplace where it was reason-able to think members ofthe public may be present.

• The suspect was actingin his dr her capacity as aperson involved in themanagement or as an em-ployee of an organisationor group, a purpose ofwhich is to provide, a phys-ical environment to. allowanother to commit suicide.

A prosecution is lesslikely to be needed if:• The victim had reacheda voluntary, clear, settledand informed decision tocommit suicide.

• The suspect was whollymotivated by compassion.

• Actions of suspect, al-though within the defini-tion of the offence, were ofonly minor encouragementor assistance.

• The suspect had soughtto dissuade the victimfrom taking the course ofaction which resulted inhis or her suicide.

• The actions of the sus-pect may be characterisedas reluctant encourage-ment or assistance in theface of a determined wishon the part of the victim tocommit suicide.

• The suspect reported thesuicide to the police andfully assisted their en-quiries into the circum-stances of the suicide orthe attempt and his/herpart in providing encour-agement or assistance.

Source: Irish Examiner
Date: 2010-02-26
Page: 5
Author: by Jack Doyle
Headline: British DPP outlines assisted suicide prosecution guidelines
Text: British DPP outlines assisted suicide prosecution guidelines by Jack Doyle The British Director of Public Prosecutions, Keir Starmer QC, yesterday published his final guide- lines for prosecutors on assisted suicide.

A prosecution is more likely if: • The victim was under 18 years of age, • The victim did not have the mental capacity to reach an informed decision to commit suicide.

• The victim had not reached a voluntary, clear, settled and informed deci- sion to comm'it suicide.

• The victim had not clearly and unequivocally communicated his or her decision to commit suicide to the suspect.

• The victim did not seek the encouragement or assistance of the suspect personally or on his or her own initiative.

• The suspect was not wholly motivated by compassion.

• The suspect pressured victim to commit suicide.

• The suspect did not take reasonable steps to ensure that any other person had not pressured the victim to commit suicide.

• The suspect had a histo- ry of violence or abuse against the victim.

• The victim was physical- ly able to undertake the act that constituted the assis- tance him or herself.

• The suspect was un- known to the victim and encouraged or assisted the victim to commit or at- tempt to commit suicide by providing specific infor- mation via, for example, a website or publication.

• The suspect gave en- couragement or assistance to more than one victim not known to each other.

• The suspect was paidby the victim or thoseclose to the victim for hisor her encouragement orassistance.

• The suspect was actingin his or her capacity as amedical doctor, nurse, oth-er healthcare professional,a professional carer, or asa person in authority, suchas a prison officer, and thevictim was in his/her care.

• The suspect was awarethat the victim intended tocommit suicide in a publicplace where it was reason-able to think members ofthe public may be present.

• The suspect was actingin his dr her capacity as aperson involved in themanagement or as an em-ployee of an organisationor group, a purpose ofwhich is to provide, a phys-ical environment to. allowanother to commit suicide.

A prosecution is lesslikely to be needed if:• The victim had reacheda voluntary, clear, settledand informed decision tocommit suicide.

• The suspect was whollymotivated by compassion.

• Actions of suspect, al-though within the defini-tion of the offence, were ofonly minor encouragementor assistance.

• The suspect had soughtto dissuade the victimfrom taking the course ofaction which resulted inhis or her suicide.

• The actions of the sus-pect may be characterisedas reluctant encourage-ment or assistance in theface of a determined wishon the part of the victim tocommit suicide.

• The suspect reported thesuicide to the police andfully assisted their en-quiries into the circum-stances of the suicide orthe attempt and his/herpart in providing encour-agement or assistance.

British DPP outlines assisted suicide prosecution guidelines by Jack Doyle The British Director of Public Prosecutions, Keir Starmer QC, yesterday published his final guide- lines for prosecutors on assisted suicide.

A prosecution is more likely if: • The victim was under 18 years of age, • The victim did
not have the mental capacity to reach an informed decision to commit suicide.

• The victim had not reached a voluntary, clear, settled and informed deci- sion to comm'it suicide.

• The victim had not clearly and unequivocally communicated his or her decision to commit suicide to the suspect.

• The victim did not seek the encouragement or assistance of the suspect personally or on his or her own initiative.

• The suspect was not wholly motivated by compassion.

• The suspect pressured victim to commit suicide.

• The suspect did not take reasonable steps to ensure that any other person had not pressured the victim to commit suicide.

• The suspect had a histo- ry of violence or abuse against the victim.

• The victim was physical- ly able to undertake the act that constituted the assis- tance him or herself.

• The suspect was un- known to the victim and encouraged or assisted the victim to commit or at- tempt to commit suicide by providing specific infor- mation via, for example, a website or publication.

• The suspect gave en- couragement or assistance to more than one victim not known to each other.

• The suspect was paidby the victim or thoseclose to the victim for hisor her encouragement orassistance.

• The suspect was actingin his or her capacity as amedical doctor, nurse, oth-er healthcare professional,a professional carer, or asa person in authority, suchas a prison officer, and thevictim was in his/her care.

• The suspect was awarethat the victim intended tocommit suicide in a publicplace where it was reason-able to think members ofthe public may be present.

• The suspect was actingin his dr her capacity as aperson involved in themanagement or as an em-ployee of an organisationor group, a purpose ofwhich is to provide, a phys-ical environment to. allowanother to commit suicide.

A prosecution is lesslikely to be needed if:• The victim had reacheda voluntary, clear, settledand informed decision tocommit suicide.

• The suspect was whollymotivated by compassion.

• Actions of suspect, al-though within the defini-tion of the offence, were ofonly minor encouragementor assistance.

• The suspect had soughtto dissuade the victimfrom taking the course ofaction which resulted inhis or her suicide.

• The actions of the sus-pect may be characterisedas reluctant encourage-ment or assistance in theface of a determined wishon the part of the victim tocommit suicide.

• The suspect reported thesuicide to the police andfully assisted their en-quiries into the circum-stances of the suicide orthe attempt and his/herpart in providing encour-agement or assistance.

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