Debbie Purdy, 45 has lost her High Court bid to clarify the law regarding assisted suicide, specifically if her husband would face prosecution if he helped her to commit suicide in Switzerland.

 

By Laura Hawkins

 

E-mail me at l.hawkins@my.westminster.ac.uk

Above: A CNN discussion on the UK assisted suicide debate.

 

Purdy has multiple sclerosis and although she feels well and happy with her life at the moment, she wanted the court to force the Director of Public Prosecutions (DPP) to give his pledge that her husband would not face prosecution if he was to assist her in travelling to a euthanasia clinic in Switzerland at some point in the future.

 

THE LAW – 14 MONTHS IMPRISONMENT

 

Currently, the law states that it is an ‘offence to aid, abet, counsel or procure a suicide or a suicide attempt in England and Wales.’ If you are prosecuted for this offence, you could be punishable to up to 14 years imprisonment.

 

By questioning the law, Purdy was granted judicial review on the matter on the grounds that ‘the Director of Public Prosecutions (DPP) had acted illegally by not providing guidance on how decisions on prosecution are reached’.

 

Purdy argued that due to the lack of clarification, it breached her human rights. The High Court ruled that the guidelines were adequate and did not infringe her human rights under the European Convention of Human Rights.

 

Purdy was shocked and upset by the verdict of the High Court and said

‘We still don’t know how we can make sure that we stay within the law because I’m not prepared for Omar to break the law, I’m not prepared for him to risk jail.’

 

SYMPATHY FOR PURDY

 

The High Court did express compassion for the position that Purdy and others are in. Lord Justice Scott Baker portrayed his sympathy and said,

 

‘We cannot leave this case without expressing great sympathy for Ms Purdy, her husband and others in a similar position who wish to know in advance whether they will face prosecution for doing what many would regard as something that the law should permit, namely to help a loved one go abroad to end their suffering when they are unable to do it on their own.’

 

NOT FOR THE COURTS BUT A MATTER FOR PARLIAMENT

 

Lord Justice Scott Baker continued to say that the case would need a change in the law and only Parliament could enact this. However, Purdy was given leave to appeal as the case is one of public interest.

 

Lawyers for the DPP have said that provisions of the 1961 Suicide Act, which make aiding and abetting suicide punishable with a jail term provides sufficient information and that the law does not require a specific policy.

 

SWISS CLINIC DIGNITAS

 

Over 100 British citizens have ended their life at the Swiss clinic ‘Dignitas’ although there has not been one prosecution of relatives that may have assisted their loved ones to travel to Switzerland.

 

Purdy said that she would still consider travelling to the Dignitas clinic in the future but without the help and support of her husband because of the fear of his prosecution, she may need to go earlier than she really wanted to. 

 

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