Doctors who help severely disabled or terminally ill people to die may be less likely to face criminal charges

The director of public prosecutions has clarified guidelines around assisted dying, confirming that doctors who help severely disabled or terminally ill people to die may be likely to face criminal charges.

Previous policy guidelines said suspects were more likely to be prosecuted if they were acting in their capacity as care professionals – including nurses and prison officers. However, the supreme court had interpreted this to include cases where professionals had helped people to die when they were not their own patients.

Alison Saunders, the director of public prosecutions, confirmed on Thursday that the deterrent will apply only to professionals who have a direct professional duty of care over the person. It is one of 16 factors courts must consider when reaching a verdict in assisted dying cases.

“Assisting or encouraging suicide remains illegal and nothing in these guidelines offers immunity against prosecution. It is my role to ensure that the guidance I publish contributes to a consistent and principled approach which can be understood by the public and the police as well as by prosecutors

“This is, of course, an emotive subject on which many hold strong views and these cases present difficult and complex decisions for prosecutors. Each case must be considered on its own facts and merits and prosecutors must weigh each public interest factor depending on the circumstances of each case and go on to make an overall assessment”, she said.

However, Dr Peter Saunders, campaign director of the Care Not Killing alliance, told the Daily Telegraph the move was “very concerning”. He claimed: “The director of public prosecutions is effectively at a stroke of her pen decriminalising assisted suicide by doctors and other health care professionals as long as they don’t have an existing relationship with the patient.”