Offering Mercy
Murder is wrong but some grey areas around the edges do exist.
In some cases a person might be in severe, constant pain, suffering from a terminal illness, and unable to end their own life despite being mentally sound enough to decide that that is what they want.
If a friend or loved one helps that person to die should they then be prosecuted? A strict interpretation of the law says that they should but those cases continue to attract criticism from a society that is increasingly empathetic towards those in such a desperate plight.
New guidance from the Crown Prosecution Service (CPS) could see a significant reduction in those prosecutions.
That guidance, published last week, does make it clear that:
“[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.”
However there is a much greater emphasis on the public interest aspect of those prosecutions. In particular a prosecution will be less likely to go ahead if:
The victim had reached a clear, voluntary and informed decision that they wanted their life to come to an end.
The suspect was motivated by compassion.
The victim was unable to end their own life.
The suspect proceeded reluctantly.
As the Director of Public Prosecutions, Max Hill KC, noted:
“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.”
This is an important aspect of criminal law that is often forgotten. The CPS is there to enforce the law by prosecuting suspects but this is not a simple task of pulling the trigger on every case that comes across their desk. Considerations like funding, evidence, and the public interest test do play a role in deciding whether the state should proceed.
For some, the idea that a prosecuting authority should have discretion, especially on moral and ethical issues like this, is wrong. However that discretion has long been a part of our legal system and is itself a creature of statute with as much legitimacy as other legislation like the Offences Against the Person Act 1861.
Far from being a point of weakness, the ability to consider broader moral, ethical and societal factors as part of the criminal justice system is a strength and something to be celebrated.
This week the podcast examines an important employment law case that may end up costing businesses in Northern Ireland millions of pounds. If a worker cannot rely on one piece of legislation to exercise their rights can they instead look to other laws that are perhaps more generous towards their cause?
Episode link: http://uklawweekly.com/2023-uksc-33/
Make a difference today,
Marcus