Assisted suicide campaigners take fight to High Court in England

The UK's Suicide Act 1961 makes it a criminal offence to assist or encourage suicide. The DPP has discretion on whether to prosecute according to the published policy.

In October last year, the DPP amended the policy, making the prosecution of healthcare professionals in assisted suicide cases less likely.

Earlier this year, Nikki and Merv Kenward were given permission to challenge the DPP’s actions, arguing that the DPP had in fact ”changed” the policy and made it more ”liberal”.

They argue that the significance and legality of the change should now be properly assessed.

At a hearing at the High Court in April, Lord Justice Bean, sitting with Mr Justice Hickinbottom, gave the Kenwards permission to seek judicial review.

John McGuinness QC had argued on behalf of the DPP that there was no legal basis for the challenge.

But the judge said permission was justified by the ”importance” of the subject matter of the case combined with the fact that the Supreme Court, the highest court in the land, ”did not speak with one voice” on issues it raised.

Full arguments will now made before Sir Brian Leveson, Mr Justice Cranston and Mr Justice Wilkie.

Mrs Kenward, from Aston on Clun, Shropshire, said at the time: “I am delighted and shocked – I didn’t think it was going to happen.”

The former theatre manager, who is confined by illness to a wheelchair, and her husband campaign against euthanasia and assisted suicide through the Distant Voices campaign group.

Mrs Kenward said she and her husband launched their legal challenge because they want the references making prosecution of healthcare professionals in assisted suicide cases ”less likely” removed from the DPP’s ”policy for prosecutors in respect of cases encouraging or assisting suicide”.

She said: “If it is not removed, and this becomes the law it will change how we view death. It will create a new mean whereby euthanasia is an accepted form of behaviour.

“It will start to become the norm and it will be considered a kindness for you not to be there. It has been said to me two or three times: ’Would you not rather be dead?”’

Mrs Kenward was once so paralysed she could only wink her right eye after being struck down by Guillain-Barre syndrome in 1990 at the aged of 37. Her son, Alfie, was then just one.

She was initially fully paralysed for more than five months, and has been in a wheelchair since.

Lawyers for the Kenwards also argue that the Attorney General is failing in his constitutional duty to “superintend”’ the DPP on behalf of the Government and will be given the opportunity to intervene in the full judicial review hearing.