Does the law still reflect modern medical reality? Julie Gowland & Barny Croft on navigating the legal risks of assisted dying support
Assisted dying remains one of the most contentious issues in modern legal practice, sitting at the intersection of criminal liability, civil consequences and evolving societal values. Despite decades of debate, the law in England and Wales continues to treat any act that encourages or assists suicide as a serious criminal offence under s 2 of the Suicide Act 1961. Yet, the reality of end-of-life decision-making in 2025 looks very different from that envisaged when the 1961 Act was drafted. Advances in medical technology, shifting ethical norms and increasing public support for autonomy at the end of life have intensified calls for reform. Does the law continue to serve justice in an era in which compassion and the statutory definition of crime are often separated by the thinnest of lines?
The legal framework
Currently, under s 2 of the 1961 Act, it is a criminal offence to do an act ‘capable of encouraging or assisting the suicide
