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
- Whether the absence of clear prosecutorial guidelines on assisted suicide created unlawful legal uncertainty under English law.
- Whether the threat of prosecution for assisting suicide, without clarified criteria, amounted to a breach of Ms. Purdy's rights under Article 8 ECHR.
- 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.