Assisted Dying Bill and criminal law – what now?

This post was contributed by Dr Laura Lammasniemi, Module Convenor for Criminal law.

In November 2024, Members of Parliament (MPs) voted in favour of advancing legislation that would legalise assisted dying. The Terminally Ill Adults (End of Life) Bill, known as the Assisted Dying Bill, has been described as momentous, a cause for celebration, and even downright dangerous. Whatever your stance on assisted dying, legalisation would undoubtedly mark a remarkable shift in law. 

This Bill challenges our notions of autonomy, dignity, state duty, and care. Yet, it is important to remember that debate is not simply about the law or high concepts; it is about the difficult choices that many of us may one day face.  

What is the Bill all about, and why is it controversial? 

This Bill would decriminalise assisted dying in England and Wales. A separate bill is under discussion in Scotland but assisted dying is not even on the political agenda in Northern Ireland. Under the Bill, doctors would be able to prepare the substance used to end the patient’s life, but the person would be required to take the substance themselves. The Bill includes much needed safeguards. Only adults with mental capacity who are terminally ill and expected to die within six months would be eligible to request assisted dying. They must make two requests and satisfy two independent doctors and a High Court judge that they are eligible. 

Proponents argue that it would finally give terminally ill people the autonomy they deserve to end their lives in a more peaceful and less painful way, at a time they choose. Opponents, on the other, fear that these safeguards are insufficient. They fear that there would be pressure on vulnerable individuals to end their lives prematurely, either due to explicit coercion or simply due to the sense of being a burden. Many are also concerned about the ‘slippery slope’ argument and whether the stringent guidelines will hold in practice. Additionally, there are more fundamental concerns about the erosion of the sanctity of life by the Act and religious leaders have objected to the Bill. 

There are clearly strong and passionate arguments on both sides, but what does it all mean in practice? What kind of shift would the Assisted Dying Bill mark in criminal law? 

Firstly, it is important to note that the Bill only addresses assisted dying. Assisted dying differs from euthanasia, where another person, usually a doctor, actively takes steps to end the life of another to relieve their suffering. The Assisted Dying Bill does not legalise euthanasia. In other words, the Bill does not create a new defence to murder nor impact the key homicide offences or defences. 

It will, however, amend the Suicide Act 1961 which criminalises assisting the suicide of another. The enforcement of the Act has already been varied. Following the landmark case of Purdy [2009] UKHL45, the CPS introduced a new policy under which the assisted dying of the terminally ill is not automatically prosecuted. The Bill would undoubtedly bring clarity and consistency to this point. Under the proposed law, it would no longer be an offence to assist a person to commit suicide provided they had acted in accordance with the proposed guidelines. The Bill is still in its initial stages and the wording is likely to change as it progresses through Parliament.  

Despite the cautious setting and limited scope, conceptually, the Bill marks a new beginning in its permissible approach towards death.  

As the Assisted Dying Bill moves through Parliament, the conversation about life, death, and dignity is far from over. Where do you stand on this critical issue? Let us know in the comments.