Prosecutors in England and Wales have been provided with guidance on when it may not be appropriate to bring charges in cases of mercy killings.
Mercy killings are not defined in statute and it is not a defence to murder or manslaughter. On Thursday, the Crown Prosecution Service (CPS) for the first time set out a list of factors to consider when determining whether it is appropriate to bring charges.
The updated guidelines, which also cover suicide pacts, say that a prosecution is less likely if the deceased person had reached a voluntary, clear, settled and informed decision that they wished for their life to end, and if the suspect was motivated only by compassion.
Another factor to consider is if their assistance “may be characterised as reluctant, in the face of significant emotional pressure due to the victim’s wish for their life to end”.
Max Hill KC, the director of public prosecutions (DPP), said: “It is vital our prosecutors are given the clearest possible additional guidance to make decisions on whether the legal test for criminal charges has been met in these complex cases.
“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. Each case must be considered on its own facts and on its own merits.
“Prosecutors must decide the importance of each public interest factor in the circumstances of each case and go on to make an overall assessment.”
Factors tending in favour of prosecution include the suspect influencing the victim not to seek medical treatment, palliative care or independent professional advice, or denying them access to such treatment, care or support. Another is the suspect acting in their capacity as a medical doctor, nurse or other healthcare professional to the victim in their care.
Previous guidance, now removed, included the statement: “Subject to sufficiency of evidence, a prosecution is almost certainly required, even in cases such as ‘mercy killing’ of a sick relative.”
The new guidelines on mercy killing (which falls under homicide law) are similar to those issued in 2010 for encouraging or assisting another person’s suicide, which is punishable by up to 14 years in prison under the Suicide Act 1961.
Sarah Wootton, chief executive of Dignity in Dying, said: “We strongly welcome the new guidance issued by the CPS today, which distinguishes between malicious homicide and compassionate assistance to die and makes clear that acts of love and compassion should be treated differently to serious crimes by the criminal justice system. This is a victory for Dignity in Dying’s Compassion Is Not a Crime campaign and today’s guidance is a major milestone on the road to assisted dying law reform.”
The Compassion Is Not A Crime campaign was led by Joy Munns, the daughter of Mavis Eccleston, who was charged with murder and manslaughter after her terminally ill husband, Dennis, asked her to help him end his life. The couple attempted to take their lives together in February 2018, but Mavis later recovered and was charged. In September 2019 she was unanimously acquitted by a jury. At the time the CPS clarified that it was in the public interest to prosecute Mavis.
Joy Munns said: “This new guidance might have saved our mom from a trial, but it wouldn’t have saved Dad from a bad death. The law put my parents in an impossible position. It must be properly reformed so that people like Dad can have the choice that so many dying people want.”
Her words were echoed by Wootton, who said that the new CPS guidance did not change the fact that the current law was not fit for purpose. She called on MPs to “do the right thing and introduce safeguarded, compassionate assisted dying laws”.
