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16 January 2026 / Julie Gowland , Barny Croft
Issue: 8145 / Categories: Opinion , Criminal , Health , Wills & Probate , Human rights
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Compassion or crime?

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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

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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