## Facts

- Debbie Purdy was diagnosed with primary progressive multiple sclerosis and wished to clarify whether her husband would face prosecution if he assisted her in travelling to Switzerland for assisted suicide.
- The Suicide Act 1961 decriminalized suicide but criminalized the act of aiding or encouraging another's suicide.
- Ms. Purdy requested an assurance from the Director of Public Prosecutions (DPP) that her husband would not be prosecuted for assisting her, but no such assurance was given.
- Ms. Purdy argued the lack of clear guidance violated her right to private and family life under Article 8 of the European Convention on Human Rights (ECHR).

## Issues

1. Whether the absence of clear prosecutorial guidelines on assisted suicide created unlawful legal uncertainty under English law.
2. Whether the threat of prosecution for assisting suicide, without clarified criteria, amounted to a breach of Ms. Purdy's rights under Article 8 ECHR.
3. Whether the DPP was required to publish detailed factors guiding prosecution decisions in cases of assisted suicide.

## Decision

- The House of Lords upheld Ms. Purdy’s appeal, ruling that the lack of clear and accessible prosecutorial guidance interfered with her Article 8 rights.
- The general prohibition under Section 2(1) of the Suicide Act 1961 was maintained, but the Lords found that the uncertainty regarding prosecution was incompatible with Article 8.
- The court ordered the DPP to publish detailed guidelines outlining factors considered when determining whether to prosecute cases of assisting suicide.

## Legal Principles

- The court recognized that Article 8 ECHR protects personal autonomy and the right to make decisions about one’s own life, including decisions about death.
- The prohibition of assisted suicide was upheld, but the threat of prosecution in the absence of clear guidance was found to interfere with Article 8 rights to a private and family life.
- Prosecutorial discretion must be exercised in a way that is consistent, predictable, and accessible, especially where fundamental human rights are at stake.
- Publishing detailed prosecutorial policy does not confer immunity from prosecution, but increases transparency and certainty in the law.

## Conclusion

The decision in R (Purdy) v DPP required the publication of prosecutorial policy on assisted suicide, addressing legal uncertainty and enhancing the protection of Article 8 ECHR rights without decriminalizing assisted suicide. The case has influenced ongoing debates on assisted dying, ensuring that individuals and their families have clearer information about potential legal consequences.

R (Purdy) v Director of Public Prosecutions [2010] 1 AC 345