Justice & Attorney General

Assisted Dying

Coping with terminal illness is distressing and difficult both for the patient and their families.  These cases are truly moving and evoke the highest degree of compassion and emotion. 
 
Assisting or encouraging suicide is a criminal offence under Section 2 of the Suicide Act 1961 for which the maximum penalty is 14 years' imprisonment.  I am aware that the Director of Public Prosecutions (DPP) published guidelines primarily concerned with advising the Crown Prosecution Service (CPS) prosecutors about the factors which they need to consider when deciding whether it is in the public interest to prosecute a person for assisting or encouraging another to commit suicide. 
 
The House of Commons has discussed the DPP's guidelines and these were unanimously commended as being a compassionate and measured way of dealing with one of the most emotionally-charged crimes in the statute book. However, they do not change the law; assisting or encouraging suicide has not been decriminalised. 
 
The DPP further clarified the CPS Policy on the likelihood of prosecution of health care professionals, to specify that the relationship of care will be the important aspect and it will be necessary to consider whether the suspect may have been in a position to exert some influence on the victim.  I believe the application of the law should be flexible enough to distinguish the facts and the circumstances of one case from another.  To this end, the DPP's policy offers important and sensitive guidance.
 
I fully accept that suicide, assisting or encouraging suicide, assisted dying and euthanasia are all subjects on which it is entirely possible for people to hold widely different but defensible opinions.  This is why the substance of the law in this area is not a matter of party politics but of conscience, and any vote would be a free one should the law in this area ever be altered.  Everyone would agree that terminally ill patients should receive the highest quality palliative support and end-of-life care, and that they and their families should be certain that their end-of-life care will meet all of their needs.  With that in mind, I welcome the Department of Health's End of Life Care Strategy which is intended to improve access to good quality palliative care and encourage the Government further to develop specialist palliative care and hospice provision. 

NSPCC 'Close the Loophole' Campaign

I share your concern about this hugely important issue and I agree that the protection of children and young people must remain a priority.  As I am sure you are aware, sexual activity with a child under the age of 16 is a serious criminal offence, regardless of whether consent is given.  It is also the case that any non-consensual sexual activity is a crime.  It doesn't matter the age of the victim or the relationship between the victim and perpetrator.  I understand it is also the case that where a manipulative offender grooms a child under the age of consent and then engages in a sexual relationship with them when they are over 16, offences exist to deal with this, such as Section 15A of the Sexual Offences Act 2003. 

I do welcome the fact that the Sexual Offences Act 2003 also provides increased protection for younger people aged 16 and 17.  Offences criminalise those in a position of trust who sexual abuse young people in their care. The offences target relationships where the young person has some dependency on the adult involved and often combined with an element of vulnerability of that young person.  I have been assured that Ministers across Government are keeping this sensitive and important area of the law under review and working together to ensure our young athletes feel safe in their training environment.

I hope this reassures you that the Government is committed to doing all it can to protect children and young people.