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In 1960, the Criminal Law Revision Committee published a report which eventually led to the Suicide Act 1961. In the second reading debate in the House of Lords on 2 March 1961, Viscount Kilmuir eloquently set out the background - Suicide Bill - Hansard - UK Parliament.
The 1961 Act decriminalised suicide - "The rule of law whereby it is a crime for a person to commit suicide is hereby abrogated" - BUT, under section 2(1)
A person ("D") commits an offence if - (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and (b) D's act was intended to encourage or assist suicide or an attempt at suicide.
The maximum sentence for the section 2 offence is 14 years imprisonment. Prosecutions require the consent of the Director of Public Prosecutions. Following the House of Lords decision in the Purdy case [2009] UKHL 45, the DPP first published “Policy for Prosecutors in respect of Cases of Encouraging or Assisting Suicide” setting out his policy in relation to prosecutions under Section 2. (The link is to the present-day guidance).
In R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent) - The Supreme Court [2014] UKSC 38 it was held by the Supreme Court of the UK that the present state of the law relating to assisting suicide did not infringe the European Convention on Human Rights and the DPP's prosecutorial guidance was lawful. A petition to the E Ct HR was subsequently ruled inadmissible - Decision Nicklinson and Lamb v. the United Kingdom - case concerning ban on assisted suicide declared inadmissible.pdf
Essentially, the courts have the view that it is for Parliament to alter the law.
Suicide Pact
The Homicide Act 1957 (legislation.gov.uk) section 4 provides that - "It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other ... being killed by a third person."
Forfeiture
The Forfeiture Act 1982 (legislation.gov.uk) sets out a "forfeiture rule" -
In this Act, the “forfeiture rule” means the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing.
The 1982 Act gives power to the High Court to make an order either modifying or excluding the effect of the forfeiture rule.
A recent case where the effect of the rule was excluded is Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024) (bailii.org)
Standard of proof
In R (Maughan) v Her Majesty's Senior Coroner for Oxfordshire [2020] UKSC 46, the Supreme Corut held (by a 3 to 2 majority) that the CIVIL standard of proof applies for an inquest to return a short form conclusion of suicide. The case was discussed in this earlier post - Law and Lawyers: Suicide and Unlawful Killing ~ Standard of Proof (obiterj.blogspot.com)
Parliament
Several Private Members’ Bills in both the Commons and the Lords have (unsuccessfully) sought to legalise assisted dying. Most recently in the Commons, Rob Marris MP tabled the Assisted Dying Bill (No 2) 2015, which did not progress beyond second reading after it was defeated on a free vote by 330 votes to 118. In the Lords, Baroness Meacher (Crossbench) introduced the Assisted Dying Bill [HL] 2021-22 in May 2021. The Bill did not proceed after the end of the 2021-22 session.
In February 2024, the Health and Social Care Select Committee published a report on Assisted Dying/Assisted Suicide (AD/AS). The Committee did not come down for or against AD/AS; instead, it said the purpose of its report was to provide a basis for discussion and debate in future parliaments, rather than to resolve the debate one way or another.
See House of Commons Library 25 April 2024 - SN04857.pdf (parliament.uk) and Assisted Dying/Assisted Suicide - Health and Social Care Committee (parliament.uk)
Private Members' BillsKim Leadbeater MP introduced the Terminally Ill Adults (End of Life) Bill which seeks to allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life; and for connected purposes.
The Bill appears to have the personal support of the Prime Minister (Sir Keir Starmer MP)/ It is to be the subject of a "free vote" by MPs.
The text of Leadbeater's Bill is not yet available.
Second Reading is set for Friday 29 November 2024.
Private Members' bills - UK Parliament
Private Member’s Bills in the House of Lords - House of Lords Library (parliament.uk)
Footnote
Purdy was the final decision handed down by the Appellate Committee of the House of Lords - Final House of Lords judgments - UK Parliament.
Links
In no particular order
What is the background to the MPs’ vote on assisted dying? | Assisted dying | The Guardian
Assisted Dying Legislation dangerous, Archbishop of Canterbury says - BBC News
Euthanasia and assisted suicide - NHS (www.nhs.uk)As teachers and practitioners of law, we welcome Sonia Sodha’s thoughtful column and express our serious misgivings about the proposal to legalise physician-assisted suicide for the terminally ill (“The assisted dying debate is about so much more than kindness v conservatism”). The law reports are littered with cases of undue influence and duress, and legalisation would inevitably expose the most vulnerable to that risk.
Addendum 30 October
Article by Sir James Munby, a former President of the Family Division. ASSISTED DYING : WHAT ROLE FOR THE JUDGE? | The Transparency Project
Addendum 1 November 2024
Guest Post: Assisted Suicide on the NHS would breach the ECHR - UK Human Rights Blog and for an alternative view see No, legislating to allow euthanasia would not breach the European Convention on Human Rights - UK Human Rights Blog
Addendum 11 November 2024
Text and Explanatory Notes for Leadbeater’s Bill - Terminally Ill Adults (End of Life) Bill (pdf)
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