Keith Mack
Suicide laws vary across the world, and the UK is no exception. In England and Wales, attempting suicide was decriminalised in 1961, and those who survive a suicide attempt will no longer be prosecuted. However, the Suicide Act of 1961 created a new offence of complicity in suicide, making it a criminal offence for a third party to assist or encourage suicide. This offence can result in up to 14 years' imprisonment. The topic of assisted suicide has been the subject of much debate in the UK, with attempts to liberalise the law to allow competent adults who are terminally ill to request assistance. While some argue for personal autonomy, others worry about the potential pressure on vulnerable individuals and the challenge to the sanctity of human life.
| Characteristics | Values |
|---|---|
| Is suicide a criminal offence in the UK? | No, committing or attempting to commit suicide is not a criminal offence in the UK. |
| Is assisting suicide a criminal offence in the UK? | Yes, under section 2 of the Suicide Act 1961, it is a criminal offence for a third party to assist or encourage another to commit suicide. |
| Is euthanasia a criminal offence in the UK? | Yes, euthanasia is illegal under English law and is regarded as either manslaughter or murder. |
| Is there a movement to change the law on assisted suicide in the UK? | Yes, there have been several attempts to liberalise the law, including the Assisted Dying Bill [HL] 2014–15, which did not progress beyond the committee stage in the Lords. |
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What You'll Learn
Suicide is not a criminal offence in the UK
The decriminalisation of suicide in the UK is the result of a ruling by the Appellate Committee of the House of Lords in 2009, which required the Director of Public Prosecutions (DPP) to clarify the factors relevant for and against prosecution in cases of encouraging and assisting suicide. However, the House of Lords ruling did not change the law regarding encouraging or assisting suicide, which remains a criminal offence.
While suicide is not a criminal offence in the UK, assisted suicide and euthanasia are illegal under English law and are punishable by up to 14 years' imprisonment. There have been several attempts to liberalise the law on assisted suicide, and the topic remains highly polarising. In recent years, public and medical opinion has shifted towards questioning whether assisted suicide should remain a criminal offence.
In Scotland, while suicide was never a statutory criminal offence, survivors of suicide attempts may be arrested and prosecuted for associated common law offences such as breach of the peace or culpable and reckless conduct. However, a 2009 Appeal Court case ruled that a breach of the peace must involve disruption to the community, making it less likely for prosecutions for suicide attempts to be successful.
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Assisted suicide is illegal in the UK
The British Medical Association (BMA) previously opposed any changes to the law, but in 2021, it adopted a neutral position on assisted dying. This followed a vote in which 49% of doctors supported a change in the law. The BMA's stance is that no form of assisted suicide should be made legal within the UK.
There have been several attempts to liberalise the law, largely through Private Members' Bills. The most recent was the Assisted Dying Bill [HL] 2014-15, introduced by Lord Falconer of Thoroton. This bill would have enabled competent adults who are terminally ill to request assistance with ending their lives, subject to oversight by medical professionals and the Family Division of the High Court. However, it did not progress beyond the Committee stage in the Lords.
The key argument against changing the law is that ill and disabled people may feel pressured to end their lives, perhaps due to the cost of medical treatment or a desire to not be a "burden". Supporters of legalisation cite personal autonomy as a key reason.
While assisted suicide remains illegal in the UK, approximately 46 Britons per year travel abroad for physician-assisted suicide, usually to Dignitas in Switzerland.
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Encouraging suicide is illegal in the UK
Suicide was decriminalised in England and Wales with the passing of the Suicide Act 1961. However, under section 2 of the same act, it is a criminal offence for a third party to assist or encourage another to commit suicide. This is also known as "complicity in suicide".
The Suicide Act 1961 states that:
> A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.
The Crown Prosecution Service (CPS) is responsible for investigating all cases of encouraging or assisting suicide. The CPS must prove that the suspect intended to assist the victim in committing suicide and that the suspect knew their actions were capable of assisting the victim in committing suicide.
The CPS's policy on encouraging suicide was issued following the decision of the Appellate Committee of the House of Lords in R (on the application of Purdy) v Director of Public Prosecutions. This policy does not decriminalise the offence of encouraging or assisting suicide. It states that:
> Nothing in this policy can be taken to amount to an assurance that a person will be immune from prosecution if he or she does an act that encourages or assists the suicide or the attempted suicide of another person.
In recent years, there has been a shift in public and medical opinion on whether assisted suicide should remain a criminal offence. Several attempts have been made to liberalise the law, including the introduction of the Assisted Dying Bill [HL] 2014–15, which would have allowed competent adults who are terminally ill to request assistance with ending their lives. However, the bill did not progress beyond the committee stage in the Lords.
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Suicide was decriminalised in the UK in 1961
By the early 1960s, the Church of England was re-evaluating its stance on the criminality of suicide. Counselling, psychotherapy, and suicide prevention intervention were considered better solutions than criminalisation. The bill for the decriminalisation of suicide was introduced in February 1961 by Home Secretary Rab Butler, who supported it. However, Prime Minister Harold Macmillan did not support the bill, and it faced opposition from some members of the government. Despite this, the bill passed into law, decriminalising suicide but creating a new offence of "assisting, aiding, or abetting suicide".
The Suicide Act 1961 decriminalised the act of suicide in England and Wales, ensuring that those who survived a suicide attempt would no longer be prosecuted. The Act also defined suicide as the act of intentionally ending one's own life. The text of sections 1 and 2 of this Act was later enacted for Northern Ireland by the Criminal Justice Act (Northern Ireland) 1966.
While suicide is no longer a criminal act in the UK, it remains a criminal offence for a third party to assist or encourage another to commit suicide under section 2 of the Suicide Act 1961. Prosecutions for this offence require the consent of the Director of Public Prosecutions. There have been legal challenges to this section of the Act, such as in the case of Diane Pretty, who sought assistance from her husband to end her life due to motor neurone disease. However, the European Convention on Human Rights rejected her application, and the DPP refused to agree to not prosecute her husband.
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Suicide law reform has been opposed by UK governments
Previous governments have taken the view that any relaxation of the law on assisted suicide would be a matter for Parliament to determine as an issue of individual conscience rather than government policy. There have been several attempts to liberalise the law, largely through Private Members' Bills. For example, in 2014, the Assisted Dying Bill was introduced, which would have allowed competent adults who are terminally ill to request assistance with ending their lives. This Bill, however, did not progress beyond the Committee stage in the Lords.
The key argument made by many of those opposed to a change in the law is the concern that ill and disabled people may feel pressured to end their lives due to the cost of medical treatment or the perception of being a "burden" on loved ones. There is also a worry that any initial legal change could lead to a "slippery slope", with the legislation potentially extending beyond terminally ill individuals.
Opponents of reform also argue that the compatibility of the law on assisted suicide with human rights, such as the right to respect for private and family life under Article 8 of the European Convention on Human Rights, is an inherently legislative issue for Parliament to decide. For instance, in the case of Tony Nicklinson, the Supreme Court decided against making a declaration of incompatibility with human rights, instead leaving the issue for Parliament to address.
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Frequently asked questions
No, committing or attempting to commit suicide is not a criminal offence in the UK.
No, before the Suicide Act 1961, it was a crime to die by suicide in the UK and anyone who attempted and survived could be prosecuted and imprisoned.
No, under section 2 of the Suicide Act 1961, it is a criminal offence for a third party to assist or encourage another to commit suicide.
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