In March 2024, the increased momentum for the legalisation of assisted suicide was highlighted in the news.

The House of Commons last considered the change of law in 2015, when the bill was defeated by 330 votes to 118. However, Labour leader Keir Starmer has publicly announced his commitment to hold a vote on assisted dying in the next parliament.

The increased desire for a vote to take place is in line with France’s decision to have a bill on assisted dying going before their parliament this month. Under the proposed legalisation, doctors would be able to prescribe a lethal substance to those suffering with incurable illness and pain, but who still had control of their faculties.

The Campaign for Dignity in Dying released the poll data that 75% of those asked in the UK, were in support of legalising assisted suicide. This upward trend has led to an increased public debate regarding if this change in law would be in the public interest due to potential issues with safeguarding.

What is Assisted Suicide?

Assisted suicide is the offence to encourage or assist another’s suicide. The Suicide Act 1961, as amended by the Coroners and Justice Act 2009 makes assisted suicide a criminal offence under Section 2.

S2 (1) Criminal liability for complicity in another’s suicide:

(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.

What are the potential consequences?

S2 (1C) of the Act states that the offence is punishable to up to a maximum of 14 years’ imprisonment.

Although, S2(4) of the Suicide Act states that no proceedings shall be brought for this offence except by or with consent of the Director of Public Prosecutions (DPP). The DPP is the head of the Crown Prosecution Service (CPS). They consider each case individually when deciding as to whether to exercise their discretion to prosecute. Their decision is guided by specific guidelines published in 2010 which are further addressed below.

From the 1st of April 2009 to the 31st March 2023, there has been 182 cases referred to the CPS by the police regarding assisted suicide. However, 125 were not prosecuted by the CPS and 35 cases were withdrawn by the police.

The majority of cases not leading to charges may be attributable to the CPS guidance, which states charges are less likely to be needed if the victim had reached a voluntary, clear, settled and informed decision and the suspect was wholly motivated by compassion, among other things including if the suspect sought to dissuade the victim.

The updated guidance in 2014 states that prosecution would be more likely if the suspect was acting under a medical professional capacity or is a person in authority and the victim was in their case. This update was intended to protect those who have influence held over them.

The fear that assisted suicide may become a solution for social issues

The key argument against legalisation is that the ill and disabled may be put under pressure to end their lives, perhaps to not be a ‘burden’ to loved ones or to avoid the increasing costs of treatment.

The newspaper ‘The Big Issue’, well-known for being a voice for the homeless have also raised their concerns with the proposed legalisation. In particular, they are concerned that those who are suggested to have been failed by the welfare and social system may look to assisted suicide as a way to end their suffering which is not due to a terminal illness. In Canada, there have been numerous reports of citizens opting for assisted dying partly due to them not being able to afford to live.

The need to regulate any change in the law

As highlighted above, the recent figures show that most cases of assisted suicide are not prosecuted. However, any change in law would need to be heavily regulated so that those who partake are sufficiently protected.

The Royal College of Nursing has adopted a neutral stance on assisted dying. Likewise, The British Medical Association (BMA) has now adopted a neutral position on physical-assisted dying (PAD), voting to change their policy on 14th September 2021 from opposition to a change in the law on assisted dying, to a position of neutrality.

This means that a change in the law could see healthcare professionals carrying out the procedure. The BMA’s Medical Ethics Committee has carried out research as to how they could protect their members if this came into play.

The outcome of their research noted multiple suggestions on how to regulate PAD, such as the following:

1. Produce a system in which doctor’s need to opt in to provide assisted dying;
2. There would be need for protection from discrimination and abuse, such as statutory protection stating you cannot discriminate against doctor’s due to opting vote;
3. There would need to be open and transparent regulation, to provide an appropriate standard-setting and quality assurance.

Without clear and concise regulations, many will be left with uncertainty as to whether they have legally carried out the act.