Supreme Court lowers burden of proof needed in suicide and unlawful killing rulings

The Supreme Court has made a landmark decision in the standard of proof needed to make a ruling in suicide and unlawful killing cases.

The case of R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire recently considered the approach which should be taken by coroners regarding inquests into suicide.

The case involved the death of a prisoner who was found in a cell hanging from a ligature which he had constructed using his bed frame. 

Mr Maughan had experienced mental health issues in the past and had threatened to self-harm the night before.  

The case prompted a change that is being seen as a landmark decision.

The Supreme Court has lowered the standard of proof for findings of suicide and unlawful killing, from beyond a reasonable doubt (criminal standard) to balance of probabilities (civil standard).

Going forward, jury members need only weigh up the evidence on ‘the balance of probabilities’ when ascertaining whether a death was suicide.

Maurice Hawthorne, Medical Director of Iodem, commented: “The current Covid-19 pandemic has turned life as we know it upside down. 

“Social distancing, restrictions on who we can see and interact with and relentless news coverage about loss of life and economic hardship may have long term consequences on the mental health of many people living in our communities.

“The risk of a pandemic-related rise in suicides is a real one.”

Mr Hawthorne continued: “Studies that have looked at the knock-on effects of trauma in previous disasters, such as the 2003 SARS epidemic in Hong Kong, and the nuclear disaster at Fukushima in Japan, in 2011, have shown a very concerning rise in suicides, both during the disaster itself and in the several months after the tragedy.

“This judgement reflects an increasing awareness and understanding of mental illness as a health, and not criminal, issue and takes important steps in addressing the lingering stigma which is attached to suicide. Hopefully, the ruling will lead to more accurate recording of the numbers of suicides and pave the way to a better understanding of the risks.

“That being said, the real challenge remains; providing well-funded suicide prevention services which can be accessed easily by those in crisis.”