Assisted suicide/ assisted dying

Published: 20 August 2010

  • It is a crime to encourage or assist a person to commit suicide.

  • Prosecution policy outlines factors that make prosecution less or more likely.

There has been extensive media coverage of the “right to die”. It is a socially polarising issue, a matter of controversy in the healthcare professions and above all, a worrying dilemma for individuals with life-limiting illnesses, their partners and families. Even the terminology can carry a value judgement: the law talks about “assisted suicide” but lobbying groups prefer the words “assisted dying”. 

Attempting or committing suicide is not a crime in England and Wales – but encouraging or assisting either a suicide or an attempted suicide is still an offence that can lead to imprisonment. 

Following a public consultation, in February 2010 the Crown Prosecution Service issued guidance on when prosecutions could be appropriate.1,2 

In all, there are 16 public interest factors that would weigh in favour of a prosecution.  One example is if the victim did not have the mental capacity to make an informed decision about their suicide. Assistance from a healthcare professional is another example.

There are six factors that would weigh against a prosecution. One example would be if the person assisting the suicide was motivated solely by compassion.

 

References

  1. Crown Prosecution Service Policy for prosecutors in respect of cases of encouraging or assisting suicide Available at: http://www.cps.gov.uk/publications/prosecution/assisted_suicide.html (date accessed 7 April 2010) , 2010
  2. Directgov Assisted suicides: Policy on direct prosecutions is made clear Available at: http://www.direct.gov.uk/en/Nl1/Newsroom/DG_185749 (date accessed 7 April 2010), 2010
This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.
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This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.

NAM’s information is intended to support, rather than replace, consultation with a healthcare professional. Talk to your doctor or another member of your healthcare team for advice tailored to your situation.