Motivated by Compassion: Reviewing the Proposed Public Interest Guidance for Prosecuting Mercy Killings

Abstract

In 2022, the Crown Prosecution Service started a public consultation on a proposed update to legal guidance on homicide. Among the objectives of this consultation was to guide prosecutors on the public interest factors relevant when deciding whether to prosecute a mercy killing. This article reviews this consultation, focusing on the role of compassion within the CPS's guidelines. The discussion examines the meaning of compassion, how some of the public interest factors relate to this and whether additional factors should be added within the guidelines to help prosecutors identify the suspects’ motives. The suggested adjustments to the prosecutorial guidance will help the prosecution assess whether the suspect indeed acted out of compassion and whether their actions were appropriate given the circumstances.