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Guidelines on Dealing with Cases of Encouraging Or Assisting Suicide (October 2012)

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Guidelines on Dealing with Cases of Encouraging Or Assisting Suicide (October 2012) RM Guidelines on Dealing with Cases of Encouraging or Assisting Suicide The Association of Chief Police Officers has agreed to these guidelines being circulated to, and adopted by, Police Forces in England, Wales & Northern Ireland. It is RESTRICTED under the Government Protective Marking Scheme and is not disclosable under the Freedom of Information Act 2000. ACPO © 2012 2 RESTRICTED Guidelines on Dealing with Cases of Encouraging or Assisting Suicide (October 2012) Document information Protective marking RESTRICTED Author CC David Crompton Force/Organisation South Yorkshire Police ACPO Business Area Crime APP/Reference Material Reference Material Contact details 0114 296 3931 Review date October 2014 Version 1.0 These guidelines have been produced and approved by the ACPO Crime Business Area. This document was considered and approved by the Professional Practice Gateway Group on the 19 th th July 2012. The document was approved by ACPO Cabinet on 10 October 2012. The purpose of this document is to set an approach for police forces & constabularies dealing with cases of encouraging or assisting suicide. It applies where the act that constitutes the encouragement or assistance takes place in England & Wales, and where any resulting suicide or attempted suicide takes place anywhere in the world It will be updated and re -published as necessary . Any queries relating to this document should be directed to either the author detailed above or the ACPO Programme Support Office on 020 7084 8959/8958. Association of Chief Police Officers of England, Wales & Northern Ireland 3 RESTRICTED Guidelines on Dealing with Cases of Encouraging or Assisting Suicide (October 2012) Contents Section Page 1 Introduction 4 2 Legal Context 4 3 Suicides Abroad 7 4 Police Action 8 5 Attempted Suicide 13 6 Withdrawal or Refusal of Medical treatment 13 7 Race Equality Scheme & Community Impact 14 8 Welfare of Staff 15 9 Leadership & Administration 15 10 Press/Media 15 11 Recording 16 Appendix 1 Extract from: Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide issued by the Director of Public Prosecutions (Page 17) Association of Chief Police Officers of England, Wales & Northern Ireland 4 RESTRICTED Guidelines on Dealing with Cases of Encouraging or Assisting Suicide (October 2012) 1. SECTION 1 – INTRODUCTION 1.1 This document sets out guidance for police forces in England and Wales (E&W) as to the police approach to cases of encouraging or assisting the suicide or attempted suicide of another. It applies where the act that constitutes the encouragement or assistance takes place in England and Wales, and where any resulting suicide or attempted suicide takes place anywhere in the world. 1.2 It must be remembered that completing or attempting to complete suicide is not, of itself, a criminal offence, however to encourage or assist another to do so or to attempt such is an offence. 1.3 A primary function of the police is to protect life and it is also their duty to assist HM Coroner. 1.4 Only HM Coroner can give an adjudication of suicide. All deaths that are sudden, unexplained, appear accidental or suspicious are reported to HM coroner. Where an assisted suicide has taken place abroad and the body repatriated to Great Britain, HM Coroner will open an inquest. Where Police become aware that ashes have been repatriated, HM coroner does not need to be informed and no inquest will be held. 1.5 This guidance is designed to assist officers dealing with what will often be highly sensitive incidents and which by their very nature attract public interest. Officers should bear in mind that there are different viewpoints and remain objective, fair and equitable. 1.6 It is recognised that there are times when people with full mental capacity will want to end their own suffering and that decision, although deeply upsetting to relatives or friends of the individual, may well be reluctantly supported by them. 1.7 In contrast, some individuals contemplating suicide may not have full mental capacity to reach such a decision. It may also be possible that a person is coerced into contemplating suicide or that another crime may be involved. These latter situations clearly fall within the duty of the police, in conjunction with partner agencies, to investigate and prevent. 1.8 This guidance does not apply to the criminal investigation of homicide where the defence of suicide pact is raised. Guidance, such as the Murder Investigation Manual, should be referred to in these cases. 1.9 This guidance encourages investigators to engage with CPS at the very early stages of an encouraged or assisted suicide enquiry, as the view of the CPS will provide valuable focus to the investigation. 1.10 In February 2010 the Director of Public Prosecutions issued policy in relation to encouraged and assisted suicide cases. This guidance draws on that policy particularly when describing the offence. The DPP’s policy also sets out the public interest factors that will either point towards or away from prosecution. These factors will be important to investigators as the CPS will require relevant information in relation to them when considering each case. For this purpose they are reproduced at Appendix A. 1.11 Cases of assisted suicide are dealt with in Special Crime Division in CPS Headquarters. The Head of that Division reports directly to the DPP. Special Crime Division has offices in London and York. 2. SECTION 2 – LEGAL CONTEXT 2.1 THE OFFENCE 2.1.1 Section 2 of the Suicide Act 1961 was amended with effect from 1 February 2010. It is therefore essential that investigators identify the timing of any act of encouragement or assistance that is suspected to relate to the suicide or attempted suicide of the subject. Association of Chief Police Officers of England, Wales & Northern Ireland 5 RESTRICTED Guidelines on Dealing with Cases of Encouraging or Assisting Suicide (October 2012) 2.1.2 Where the act of encouragement or assistance occurred on or after 1 February 2010, section 2 of the Suicide Act 1961 as amended by section 59 and Schedule 12 of the Coroners and Justice Act 2009 applies. 2.1.3 In these cases it must be proved that: • The suspect did an act capable of encouraging or assisting the suicide or attempted suicide of another person; and • The suspect’s act was intended to encourage or assist suicide or an attempt at suicide. 2.1.4 “Another person” referred to in section 2 need not be a specific person and the suspect does not have to know or even be able to identify that other person. The offence of encouraging or assisting suicide can be committed even where a suicide or an attempt at suicide does not take place. 2.1.5 It is no longer possible to bring a charge under the Criminal Attempts Act 1981 in respect of a section 2 Suicide Act 1961 offence by virtue of paragraph 58 of Schedule 21 of the Coroners and Justice Act 2009. Attempts to encourage or assist suicide are now captured by the language of section 2, as amended. 2.1.6 In the context of websites which promote suicide, the suspect may commit the offence of encouraging or assisting suicide if he or she intends that one or more of his or her readers will complete or attempt to complete suicide. 2.1.7 Section 59(4) of the Coroners and Justice Act 2009 adds section 2A into the Suicide Act 1961. 2.1.8 Section 2A provides that a person who arranges for someone else to do an act capable of encouraging or assisting the suicide or attempted suicide of another person will also be liable alongside that second person for the encouragement or assistance. 2.1.9 Section 2A also makes it clear that a person may encourage or assist another person even where it is impossible for the actual act undertaken by the suspect to provide encouragement or assistance – for example, where the suspect believes he or she is supplying the subject with a lethal drug which proves to be harmless. 2.1.10 Finally, section 2A also makes it clear that a suspect who threatens or puts pressure on the subject comes within the scope of the offence under section 2. 2.1.11 The amendments to section 2 of the Suicide Act 1961 are designed to bring the language of the section up-to-date and to make it clear that section 2 applies to an act undertaken via a website in exactly the same way as it does to any other act. 2.1.12 The Ministry of Justice Circular 2010/03 provides further detail about the changes made to section 2 of the Suicide Act. 2.1.13 Where the act in question occurred on or before 31 January 2010, the former offence of aiding, abetting, counselling or procuring the suicide of another, or an attempt by another to commit suicide, contrary to the then section 2 of the Suicide Act 1961, applies. 2.1.14 In these cases, it must be proved that: • The subject completed or attempted to complete suicide; and • The suspect aided, abetted, counselled or procured the suicide or the attempt. 2.1.15 It must also be proved that the suspect intended to assist the victim to complete or attempt to complete suicide and that the suspect knew that those acts were capable of assisting the victim to complete suicide. 2.1.16 In relation to an act done prior to 1 February 2010, it is possible in law to attempt to assist a suicide. Such an offence should be charged under the Criminal Attempts Act 1981.
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