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The topic of assisted dying is currently in the public spotlight with extensive press coverage of the Terminally Ill Adults (End of Life) Bill. The area is legally complex, widely misunderstood, and its treatment varies across different jurisdictions.
This article is the first in a series exploring assisted suicide and its legal consequences.
What does ‘assisted dying’ mean?
The terms ‘assisted dying’ and ‘assisted suicide’ are often used interchangeably.
Where a person has decided to end their life and requires help to do so this is generally referred to as an assisted death or suicide.
To provide an example, this could be an individual living with an intolerable or incurable condition who decides to travel to a Swiss dying facility, such as Dignitas, to end their life and their spouse or family members help them to get there (effectively assisting in the process).
Is it a crime to help somebody to die?
The Suicide Act 1961 provides that it is not unlawful to commit suicide, but it is a serious offence to intentionally encourage or assist a suicide or attempted suicide of another person.
Assistance is a wide term and is case and fact specific. It could include helping a loved one to make the administrative arrangements to go to an assisted dying facility and it may include logistical steps such as travelling with loved ones overseas.
The Crown Prosecution Service has clear guidance to inform a decision as to whether to prosecute, which includes a recognition that some cases will be compassionately motivated. Nevertheless, it remains the case that if prosecuted, the maximum penalty for assisting a suicide is 14 years’ imprisonment.
How does assisted dying differ from palliative care or refusing treatment?
Assisted dying is legally and conceptually distinct from palliative care and other end‑of‑life decisions that are already lawful.
Individuals in the UK have the right to refuse medical treatment, even if that refusal may shorten their life. They can also receive palliative care, which focuses on comfort, symptom management, and quality of life rather than cure. These options do not involve assistance in ending life and are separately regulated under established medical and legal frameworks.
Assisted dying remains a complex and evolving area. If you would like to understand how these issues may affect you or your family, please contact Jasmine Ivory to discuss your circumstances sensitively and in confidence.