UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

On appeal from: [2009] EWCA Civ 92. Concerning clarification as to whether the husband of a sufferer of incurable, progressive multiple sclerosis would be prosecuted should he help his wife to die.

Appeal allowed: the code of criminal prosecutors was not sufficiently clear on the circumstances in which a prosecution for assisted suicide under the Assisted Suicide Act 1961, s 2(1) would be brought. Therefore it was necessary that the DPP promulgate an offence-specific policy identifying the facts and circumstances which he will take into account when deciding whether or not to prosecute.

For judgment, please download: [2009] UKHL 45
On appeal from: [2009] EWCA Civ 92