Interpreting guidance on prosecution for assisted dying for district nurses

Following a ruling by the House of Lords in 2009, the Director of Public Prosecutions issued guidance setting out the circumstances that would be likely to lead to the prosecution of a person for encouraging or assisting suicide under the Suicide Act 1961, section 2. In that guidance, a district nurse assisting a person to commit suicide would be one of the circumstances that would lead to prosecution. The Director of Public Prosecutions recently unexpectedly amended her guidance in relation to health professionals. This article discusses the implications of the amendment and argues that it will cause confusion among district nurses and give rise to an unrealistic expectation about the role a district nurse can lawfully take in assisting a person to die.