DPP's guidelines on assisting someone to die Campaign update 
DPP's guidelines on assisting someone to die

Following Debbie Purdy's legal challenge in the House of Lords, on 23rd September the Director of Public Prosecutions (DPP) published his interim guidance setting out the circumstances he will consider when deciding whether or not prosecute someone who assists someone to die.

These guidelines do not change the law on assisted dying, but they do clarify the factors the DPP would consider both for and against prosecution. Below are the top line factors set out in the guidelines (note the guidance refers to the "victim" and the "suspect").

The main factors considered against prosecution:

  • The victim had a clear, settled and informed wish to commit suicide.
  • The victim indicated unequivocally to the suspect that he or she wished to commit suicide.
  • The victim asked personally for the assistance of the suspect.
  • The victim had a terminal illness, a severe and incurable physical disability or a severe degenerative physical condition.
  • The suspect was wholly motivated by compassion.
  • The suspect was the spouse, partner or a close relative or a close personal friend of the victim.
  • The actions of the suspect, although sufficient to come within the definition of the offence, were of only minor assistance or influence.

Some of the main factors considered in favour of prosecution:

  • The victim was under 18 years of age.
  • The victim capacity to reach an informed decision was adversely affected by a recognised mental illness or learning difficulty.
  • The suspect persuaded, pressured or maliciously encouraged the victim to commit suicide.
  • The suspect was unknown to the victim and assisted by providing specific information (eg via a website or publication) to assist the victim to commit suicide.
  • The suspect gave assistance to more than one victim who were not known to each other.
  • The suspect was paid by the victim for their assistance.
  • The suspect was paid to care for the victim in a care/nursing home.
  • The suspect was a member of an organisation or group, the principle purpose of which is to provide a physical environment in which to allow another to commit suicide.

The DPP has said "a single factor may be so powerful it outweighs all others".

Public consulation

The public consultation on the guidelines has now closed. Thank you to all those supporters who took the time to submit comments. A copy of our consultation response is available to download here. The final guidelines should be published in March and we will update you with more information on these as it becomes available.

Should you have any further questions on the guidelines, you may find it helpful to take a look at our frequently asked questions  section. Alternatively, please do contact us should you have any further questions.