A High Court judge today cleared the way for a full judicial review of the DPP's decision in the case of Mrs Diane Pretty (see case background below).

At court, Liberty legal officer Mona Arshi, Diane Pretty's solicitor for the case, welcomed the news:

"Today, we obtained permission to apply for judicial review against the decision of the Director of Public Prosecutions. This is the first time in this country that the Suicide Act has been challenged in this way. It's the first stage of the legal process and we look forward to presenting the case at the full judicial review hearing. "We believe this case has a tremendous importance not just for the Prettys themselves but for a small but significant number of people who, though in dire circumstances and fully able to take a rational decision to end their lives are prevented from doing so legally by their physical disability.

"We believe that effectively Mrs Pretty is being discriminated against by the State because she is physically unable to take her own life, as a result of the extreme state of her terminal illness. We hope that, given today's decision in the High Court, the DPP will reconsider his position.

"The case does raise broad and emotive issues that need open debate. But we would ask people to remember that it is principally about one person, Mrs Pretty, and how she believes she can best meet the end of her life with dignity. "Given the severity of Mrs Pretty's condition, we will be requesting a hearing at the earliest possible date". The Prettys' case is being supported by the Voluntary Euthanasia Society.

Deborah Annetts, Director of VES, says: "We are delighted for Diane that leave has been granted and we look forward to the full hearing. This is an important day not just for Diane but for the British public, who have given overwhelming support to her and her right to choose when and how she dies. She feels that everyone in her position should have the right to make that choice and says she is fighting not just for herself but for others who come after her". (more ... )

BACKGROUND Diane Pretty, a 42-year-old mother from Bedfordshire, was diagnosed with Motor Neurone Disease in 1999. Her condition has deteriorated rapidly since; she is now able to do virtually nothing for herself. She wishes to die at home, with her family around her at the time of her choosing, rather than be condemned to suffer both physically and emotionally. Mrs Pretty is entirely clear about her decision; but she is physically unable to take her own life without assistance. Under Section 2 of the Suicide Act 1961, if her husband of nearly 25 years were to help her, he could be prosecuted for aiding and abetting a suicide.

Liberty is challenging the application of the Suicide Act in the exceptional circumstances of this case - using Articles 3 and 8 of the Human Rights Act. On 27th July Liberty wrote to the Director of Public Prosecutions, asking for his assurance that Mr Pretty would not be prosecuted under the Suicide Act if he were to help his wife take her own life. On 8th August the DPP wrote back saying that they were not able to give that assurance, despite conceding that Mrs Pretty and her family are having to endure "terrible suffering". Although the Legal Services Commission have admitted that the case is one of great public interest, they have refused Mrs Pretty legal aid. (NB LEGAL AID WAS FINALLY GRANTED AT THE FIFTH ATTEMPT, ON 6th SEPTEMBER)

Mrs Pretty said at the time: "I want the court to know that I want the right to die at the time of my choosing, with dignity, now that I have lost all function apart from my mind. I hope the courts will give me the opportunity to fulfil this last request".

NOTE TO EDITORS: Motor Neurone Disease (extract from Black's Medical Dictionary 38th edn, 1995): "a disorder of unknown origin. Certain cells in the neurological system's motor nerves degenerate and die. Upper and lower motor neurones may be affected but sensory cells retain their normal functions... the disorder affects about seven people in every 100,000. Those affected usually die within three to five years and the average age of death is 60 years. There is no medical treatment".