Letter to Rt Hon Jack Straw MP, Secretary
of State for Justice, dated 17 February 2009
Further to my letter dated 12 February 2009,
I would be grateful if you could provide some further information
on the provisions in the Coroners and Justice Bill dealing with
the offence of encouraging or assisting suicide. Unfortunately,
this section was omitted from my earlier letter.
The Bill replaces the current offences of aiding,
abetting, counselling or procuring suicide and of attempting to
do so (amending the Suicide Act 1961 and the Criminal Justice
(Northern Ireland) Act 1966) with a single offence of encouraging
or assisting suicide. The Explanatory Notes explain that the Government
considers that the scope of the existing law will not be changed.[17]
The new provisions make it clear that it will
be an offence if a person intentionally does something, or arranges
for someone to do something, that is capable of encouraging or
assisting suicide or attempted suicide of any person, including
people or a group of people not known to the defendant and including
whether or not anyone does attempt suicide. An offence will be
committed even where the defendant believed the facts to be different
or had subsequent events happened as he or she believed they would.
I would be grateful if you could provide a further
explanation of the Government's view that these proposals will
not have a disproportionate, chilling effect on the right to freedom
of expression and the right to respect for private life (Articles
8 and 10)?
I would also be grateful if you could explain
whether the Government considers that prosecutions for encouraging
or assisting suicide could be brought in respect of:
— poetry or song lyrics advocating,
describing or contemplating suicide, whether online or otherwise;
— individuals, who may be or may have
been suicidal, sharing their experiences or problems with others,
whether online or otherwise;
— advertising or information in respect
of activities or services which are lawful in other countries,
which assist individuals who wish to end their own lives.
If not, I would be grateful if you could provide
reasons. If so, I would be grateful if you could provide an explanation
of the Government's view that those prosecutions would be compatible
with Articles 8 and 10 ECHR.
There have been a number of recent cases in
respect of the Suicide Act 1961 offences which these proposals
replace. These cases have sought to require the DPP to either
(a) give an undertaking that he will not bring a prosecution in
respect of an assisted suicide, where an individual has helped
a loved one to die, at their request or (b) to give clear guidance
on the factors which will be taken into account when a prosecutor
will decide whether to bring a prosecution in the public interest.
I would be grateful if you could explain whether
or not the Government considers that guidance may be necessary
in order to enable individuals to understand when prosecutions
for encouraging or assisting suicide may be considered by the
DPP.
17 Clauses 46-48 Back
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