The assisted dying Bill leaves these terms open to interpretation, argue Edward Hodgson & Andrew Smith
- Discusses the Terminally Ill Adults (End of Life) Bill, specifically the cl 26 safeguard.
- Examines the scope of this proposed new criminal offence, and concepts of dishonesty, coercion and pressure.
- Argues that cl 26, as currently drafted, risks criminalising compassionate actions and leaves too much to prosecutorial discretion.
At present, under s 2 of the Suicide Act 1961, a person (D) commits an offence if they do an act capable of encouraging or assisting the suicide (or attempted suicide) of another. D is only criminally liable if their act was intended to encourage or assist suicide.
Additional and more nebulous criminal offences may soon be added to this most contentious of areas. The Terminally Ill Adults (End of Life) Bill is currently making its way through the House of Commons. The Bill would allow adults who are terminally ill to request and be given assistance to end their life. One of the many safeguards proposed in the Bill is the
