Suicide ruling 'is not quite enough', says Bristol woman

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Thursday, September 24, 2009
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A terminally ill woman has broadly welcomed the clarification of the law surrounding assisted suicide but is concerned that family and friends will be classed as suspects if they help a loved one to die.

Kelly Taylor, of Stapleton, has a degenerative condition and doctors have told her that there is nothing they can do to improve it.

The 33-year-old tried to end her own life by attempting starvation in 2005 because she felt it was the only way that her husband, Richard, would not risk prosecution for helping her to die.

She was pleased that director of public prosecutions, Kier Starmer QC, clarified the law around assisted suicide yesterday, but does not believe it goes far enough.

The guidelines were issued following a landmark legal case by multiple sclerosis sufferer Debbie Purdy, who wanted to know that her husband, Omar Puente, would not be prosecuted if he helped her travel abroad to end her life.

Mr Starmer said the clarification will not change the law. Assisting a suicide will remain illegal and prosecutors will consider each case on its own facts.

Mrs Taylor said: "On the face of it the clarification looks brilliant. They have set out these guidelines of factors against prosecution and those in favour of prosecution but it still does not get to the crux of the matter.

"It is fine having a spouse, partner, or close friend or relative being able to assist in suicide, but on the other side of it the people who assist are being classed as suspects, even under factors against prosecution.

"That opens up a whole lot of questions. If they are already considered suspects, are they going to be arrested? These guidelines don't offer certainty, and may even make it worse."

The guidelines set out what should be considered for and against prosecution, and suggest "suspects" would be less likely to face charges if the "victim" had a clear, settled and informed wish to commit suicide; the victim asked personally on their own initiative; the suspect was the spouse, partner or close friend or relative of the victim, and acted out of compassion.

Mr Starmer said people were likely to be prosecuted if the victim was under 18; their ability to come to an informed decision was affected by a mental illness or learning difficulty; they did not have a terminal illness, or incurable physical disability or degenerative physical condition from which there was no possibility of recovery; or a suspect persuaded, pressured or maliciously encouraged the victim to commit suicide.

  • If someone takes their own life, it does not necessarily mean they will lose entitlements under pension plans and life insurance.

    Whether a payout will be made after someone has killed themselves depends on their contract.

    The Association of British Insurers said a majority of policies cover for suicide, but cover might be restricted for the first year.

    A spokeswoman said that a lot of policies include cover for terminal illnesses and in many cases patients could have already claimed a payout before the point of assisted suicide.

    The Pensions Regulator said suicide could affect benefits, but it would be down to the individual contract.

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