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Cathy Gordon/PA Wire
UK News

Judges reject Christian campaigners challenge to assisted dying prosecution policy

by Hannah Tooley

Disability campaigners Merv and Nikki Kenward appealed a High Court ruling that the Director of Public Prosecutions (DPP) acted lawfully in loosening prosecution policy in cases of assisted suicide.

Nikki and Merv Kenward, supported by the Christian Legal Centre, said a change in the wording of the law made the prosecution of healthcare professionals in assisted suicide cases ''less likely''.

Director of Public Prosecutions, Alison Saunders, amended the prosecution policy in October 2014.

The change in wording makes it less likely that healthcare professionals will be prosecuted for assisting suicide.

Nikki Kenward said: "It may appear a subtle change, but it is substantive and highly significant.

"It makes it less likely that doctors and other healthcare workers will be prosecuted if they encourage or assist suicide."

She told Premier's News Hour that disabled people cannot be told there is a 'right' to die when some people are struggling to live: "We are already a vulnerable group of people - each day three disabled people die, through lack of diagnosis.

"We've not been listened too for long enough."

Disabled herself, Mrs Kenward described it as "bizarre", saying it "leaves vulnerable people at risk from dodgy doctors".

She suffered from Guillain-Barre syndrome in 1990 and was left almost completely paralysed for five months.

But Sir Brian Leveson, Mr Justice Wilkie and Mr Justice Cranston unanimously ruled at London's High Court the legal challenge lacked merit and refused to quash the amendment.

The Suicide Act 1961 makes it a criminal offence to assist or encourage suicide.

Mrs Kenward continued: "The idea - and we hear it again and again - that your life isn't worth living.

"We're already vulnerable.

"If you look at people living in old people's homes and care homes, there were 300 complaints a day." 

She said that she is concerned that the wording of the legislation suggests people would only been prosecuted if there is a "relationship of care between suspect and victim, such as it would be necessary to consider whether the suspect may have exerted some influence on the victim."

Nikki Kenward told Premier that this would exclude a number of people, like care workers or doctors, from possible charges.

"Everybody talks about the right to die - it's the wrong that's the problem."

"Look at what's going on in society and you'll see many, many examples that say to use don't give these people this power."

The judge said the gradation between circumstances in which it would be appropriate to prosecute in an assisted dying case would always involve "a very detailed consideration of all the facts and, ultimately, a balanced judgment".

The policy did not impact "on the view which professional regulatory bodies are entitled to take about the obligations and responsibilities of those whom they regulate.

"The criminal law identifies minimum standards of behaviour, and professional requirements may well be set at a higher level.

"Thus, although I recognise that Mr and Mrs Kenward hold very strong views, I do not accept this policy provides support for the proposition that those views will not be respected by all with whom they come into contact."

Mr and Mrs Kenward said they intend to appeal against Friday's High Court ruling.

Listen to Premier's Hannah Tooley speak to Nikki Kenward here: 

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