Coping with terminal illness is distressing and difficult both for the patient and their families. These cases are truly moving and evoke the highest degree of compassion and emotion.
Assisting or encouraging suicide is a criminal offence under Section 2 of the Suicide Act 1961 for which the maximum penalty is 14 years' imprisonment. I am aware that the Director of Public Prosecutions (DPP) published guidelines primarily concerned with advising the Crown Prosecution Service (CPS) prosecutors about the factors which they need to consider when deciding whether it is in the public interest to prosecute a person for assisting or encouraging another to commit suicide.
The House of Commons has discussed the DPP's guidelines and these were unanimously commended as being a compassionate and measured way of dealing with one of the most emotionally-charged crimes in the statute book. However, they do not change the law; assisting or encouraging suicide has not been decriminalised.
The DPP further clarified the CPS Policy on the likelihood of prosecution of health care professionals, to specify that the relationship of care will be the important aspect and it will be necessary to consider whether the suspect may have been in a position to exert some influence on the victim.
I believe the application of the law should be flexible enough to distinguish the facts and the circumstances of one case from another. To this end, the DPP's policy offers important and sensitive guidance.
Everyone would agree that terminally ill patients should receive the highest quality palliative support and end-of-life care, and that they and their families should be certain that their end-of-life care will meet all of their needs. With that in mind I welcome the Department of Health's End of Life Care Strategy which is intended to improve access to good quality palliative care and encourage the Government further to develop specialist palliative care and hospice provision.