R (on the application of Debbie Purdy) v DPP in the House of Lords

Charles Foster and Ben Bradley, instructed by Penningtons, Basingstoke, represented the Society for the Protection of Unborn Children (who have a general interest in pro-life issues) who intervened in the case of Debbie Purdy.

She has progressive MS, and may ultimately want to travel abroad to end her life. She is concerned about her husband (who would have to help her to travel) being prosecuted under s 2(1) of the Suicide Act 1961. She says that unless she can be reassured that he would not be prosecuted, she would not travel, and that accordingly her own right to die in circumstances of her choosing is infringed. She argued that the DPP should promulgate and publish his criteria for deciding whether or not to prosecute somebody for an offence under s. 2(1).

Argument concluded in the House of Lords on 3 June 2009. Judgment is awaited.