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REX/Voisin / Phanie
UK News

Christians win right to challenge CPS on assisted suicide

by Hannah Tooley

Last year, Alison Saunders changed CPS policy, meaning it was less likely that healthcare workers who helped a person take their own life would face charges.

The Suicide Act 1961 makes it a criminal offence to assist or encourage suicide, and last October, the DPP amended the policy, making the prosecution of healthcare professionals in assisted suicide cases less likely.

Nikki Kenward, a Christian from campaign group Distant Voices, was once so paralysed she could only wink her right eye.

She and her husband Merv campaign against euthanasia and assisted suicide.

The couple took the case to the High Court.

Granting permission, Lord Justice Bean said: "We propose to grant permission to proceed with the substantive claim. We are saying nothing about the strength of the claimant's claim beyond saying it is not frivolous or vexatious.

"The importance of the subject matter, and because justices did not speak with one voice in Nicklinson, leads us to the conclusion that the case should be heard at a divisional court.

"The main burden of the case is against the DPP."

She told Premier: "The message from these new guidelines is that society thinks you are in the way. The best thing you can do is to agree to die."

She said society needs to think about the way it looks at disabled people: "Society sends out a message to disable people saying 'not here', you're not welcome here.

"I understand people are afraid of dying of course we are, that's a human condition.

"But we have to ask ourselves, is the response need to that if you're lonely or you need care, or you're in pain - should be actually be saying, well we'll just kill you instead?"

Andrea Minichiello Williams, barrister and chief executive officer of the Christian Legal Centre said: "The DPP overstepped the mark in liberalising the law on assisted suicide.
 
"The DPP's jurisdiction is in applying the law. In this case she is making law as opposed to applying it and in so doing she is acting outside the bounds of her jurisdiction. It amounts to a unilateral change in the law without recourse to Parliament.

"Lord Justice Bean's decision is very welcome. Now that the High Court has granted permission for a Judicial Review, we are one step closer to ensuring that the most vulnerable continue to be protected by the law.

"We will continue to give our full support to the Kenwards in their case against the DPP and the government.
 
"The Kenwards' action is needed to correct what is effectively liberalisation by the back door at a time when there is no public mood for any further liberalisation of the law, indeed the opposite. Successive opinion polls show that the public believe vulnerable adults need to be protected.
 
"Alison Saunders' guidance will enable healthcare professionals operating on an ideological or other premise to offer their services to a person wishing to commit suicide... this is crossing the Rubicon.
 
"It will make any prohibition on a Dignitas-style of assisted suicide difficult to resist.
 
"This guidance weakens the protection given by parliament to people coming under pressure to commit assisted suicide."

Nikki Kenward speaking to Premier's Hannah Tooley:

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