25 February 2010
The Mission and Public Affairs Division of the Church of England has responded to the Director of Public Prosecutions’ Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide:
“The Church of England acknowledges the difficult task given to the DPP by the Law Lords and we wish to express our appreciation for the manner in which he has undertaken his task which has included a period of comprehensive public consultation.
“We continue to oppose any change in the law with regard to assisted suicide and we are assured by the DPP that the guidelines do not represent any such change. Assisted suicide remains a crime and, as with all crimes, there remains a presumption in favour of prosecution. These guidelines do not provide blanket immunity from prosecution, nor do they give prior permission to break the law. It is right that there is no clear line drawn which will allow anybody assisting a suicide to know in advance whether they will be prosecuted. These guidelines are intended to weigh a complex set of different factors which, of their nature, can only be assessed after the fact not before it.
“Assisted suicide, as well as being a crime, is always also a tragedy. We empathise with those who struggle with their own illness and suffering as well as with those who struggle with the illnesses and suffering of those they love most. We believe, however, that the most compassionate course is to provide love, support and the best possible medical and nursing care, not to acquiesce in requests for assisted suicide. Compassion does not always mean saying ‘yes’. Protecting the vulnerable, ensuring that every life is appreciated as being valuable and maintaining the indispensible bond of trust between health professionals and patients outweighs arguments in favour of individual choice. In a truly caring and moral society, increased autonomy for the few ought never to be pursued at the cost of placing an increased burden on the many.
“We also recognise that, in certain, restricted circumstances, prosecution may not be the most appropriate way of responding to assisted suicide. The DPP’s guidelines reflect this even though we do not agree with all of them as we made clear in our submission during the consultation process.
“We commend, however, the changes made from the interim guidelines in removing the presence of terminal illness, disability and degenerative physical conditions as factors to be taken into consideration when coming to a decision whether or not to prosecute. We also welcome the removal of a victim’s history of attempted suicide as a factor against prosecution. The pressures that spouses and sole carers have to live with, and the influence that this may bring to bear on their decision-making, have also been reflected in changes made from the interim guidelines. We view as a positive step the inclusion of health professionals who assist suicide in the list of factors favouring prosecution. Abandoning the methodology of 'weighting' factors to be taken into consideration is sensible and enables a focused 'case by case' approach to be taken.
“The DPP has highlighted compassion in his guidelines and he has introduced clarity in the application of the law prohibiting assisted suicide. We believe that this ought to bring to an end calls for a change in the law. Any further calls for change would be ideologically driven and, if heeded, would change fundamentally and irrevocably the moral status of our society and would make this a less compassionate and caring land in which to live and die.”
A section of the Church of England website entitled ‘Protecting Life - opposing Assisted Suicide’ is available here.