Judges Reject Disabled Grandfather's Bid For Assisted Suicide Guidance

Right-to-die campaigners say it's a "slap in the face" as a bid to have guidance published on assisted suicide is rejected by judges.

Published 19th Feb 2016

A legal bid by a severely disabled grandfather for

guidance to be issued over assisted suicide in Scotland

has been rejected by judges.

Gordon Ross, who suffered from multiple health

problems including Parkinson's disease, died last

month aged 67.

He was admitted to hospital in Glasgow with

pneumonia and died on January 13 from that and his

other medical issues.

Mr Ross had been pursuing a court action in which he

wanted Scotland's top prosecutor, the Lord Advocate, to

issue ''sufficiently clear guidance'' clarifying whether any

person helping him end his life would be charged with

an offence.

Guidelines have been published by the Director of

Public Prosecutions (DPP) in England and Wales but

they do not apply in Scotland.

Mr Ross brought his case for a judicial review to the

Court of Session in Edinburgh in May last year seeking

the Lord Advocate to set out guidance on what

circumstances he would take into account in deciding

whether to prosecute someone who helped another individual end their life.

But a judge later dismissed the petition, saying the

policy is consonant with the rule of law''.

His appeal against the decision was heard by three

judges in December, with Mr Ross's legal team arguing

that the Lord Advocate's ''failure'' to produce guidelines

is incompatible with the disabled man's rights under the

European Convention on Human Rights.

Judges have now refused the appeal, saying the

criminal law in relation to assisted suicide in Scotland

is clear.

Right-to-die campaigners described the decision as a

real slap in the face''.