General Article Euthanasia: the history & the law

Topic Selected: Euthanasia Book Volume: 362
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The current law

The Suicide Act 1961 makes it an offence in England and Wales to assist someone if they commit suicide. Assisted suicide is punishable by up to 14 years’ imprisonment; however, committing an offence does not automatically result in prosecution.

The Director of Public Prosecutions (DPP) has to consider whether a prosecution is in the public interest and in February 2010, published guidelines that set out the criteria under which someone would be prosecuted should they be charged with assisting a suicide. However, following her appointment, in October 2014 the DPP – Alison Saunders – rewrote part of the guidance, leading some to claim that ‘doctors can now be involved in assisting suicide with almost no fear of prosecution, provided they don’t have a professional relationship with those they “help”.’ This is clearly a matter of considerable concern.

This set up has resulted in an arrangement with respect to assisted suicide which the eminent former judge and Crossbench...

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