'Mercy killing' addressed in CPS guidance

New guidance on homicide prosecutions has been issued by the Crown Prosecution Service, including criteria used to assess whether prosecuting a ‘mercy killing’ is in the public interest.

The guidance, issued today, restates the law, reminding prosecutors: ‘An offender who takes the life or attempts to take the life of a victim may act on the wishes of the victim and may act out of mercy, but this does not provide a defence in law.’

But it puts a stress on ‘public interest’ considerations in taking a decision to prosecute. A prosecution is less likely to be required if, among other considerations, ‘The victim had reached a voluntary, clear, settled and informed decision that they wished for their life to end’.

Other criteria include whether the suspect ‘was motivated by compassion alone’, their actions could be characterised as ‘reluctant’ and if the victim was unable to end their own life.

The scenario of a ‘suicide pact’ in which the suspect survives is also addressed. A prosecution is less likely to be required if the suspect 'made a genuine attempt to take their own life at the same time’.

The guidance stresses that the approach to determining the ‘public interest’ is not ‘arithmetical’ when points for and against prosecution are weighed.

Other areas of homicide prosecutions are also addressed in the guidance, including the definition and treatment of the defences of diminished responsibility and loss of control.

Director of public prosecutions Max Hill KC said: ‘Each case must be considered on its own facts and on its own merits. Prosecutors must decide the importance of each public interest factor in the circumstances of each case and go on to make an overall assessment. But it is very important to note that we will always prosecute cases of murder and manslaughter where there is sufficient evidence, and it is in the public interest.’

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