Upcoming change to assisted dying

Geoff Whaley was terminally ill, suffering from motor neurone disease. He was able to have an assisted death in Switzerland; however, as a result, his wife Ann Whaley was interviewed under caution for planning to help her husband.

Before his death, he wrote a letter to his MP complaining that the law ‘sought to punish those attempting to help me get there’.

This case sparked debate around the issue of assisted dying, one which has been a point of contention since the Suicide Act was passed in 1961.

This was the first piece of legislation which dealt in detail with the issue, and while it removed the crime of suicide, it did make assisting a suicide a new offence.

Since this legislation, there has been recognition that change is needed as society progresses.

Lord Falconer KC highlights that there is a real recognition that an ‘exception must be made for dying, competent people who want choice over how and when they die’.

Addressing concerns

Efforts have been made to address these concerns, one of the first being in 2009 when Keir Starmer, the then director of public prosecutions, published guidelines for prosecutors.

These guidelines meant that those who assist in another’s death for compassionate reasons are unlikely to be prosecuted.

In 2023, updated guidelines were published by Max Hill with specific reference to suicide pacts and ‘mercy killings’.

These guidelines were made and updated in response to real-life stories both Keir Starmer and Max Hill encountered during their roles, such as the case of Mavis Eccleston, who was prosecuted (but acquitted) for the murder of her husband who ended his life while suffering with terminal cancer.

The guidelines are not decriminalisation, but they do show the changing attitudes since the offence was first introduced by the 1961 Act.

On the one hand, the Health and Social Care Committee in the House of Commons considered it ‘increasingly likely’ that the law would change, and the committee encouraged the government to be ‘actively involved in discussions on how to approach the divergence in legislation’.

However, there is some evident reluctance to action such change. MPs voted against proposals to legalise assisted dying in 2015 by a large margin.

Supporting proposals

Despite no concrete change as of yet, MPs are realising that this debate must be part of the next parliament’s agenda. Rishi Sunak and Kier Starmer have agreed they will give time for legislation to pass through all stages should assisted dying proposals be brought forward and supported.

For more information, please contact Anna Douglas on [email protected] or call 01768 347 084.