Because there is no recognition of 'assisted dying' in UK law, those who help others to die may be charged with assisting a suicide. In England and Wales section 2 of the Suicide Act 1961 makes it a criminal offence for a third party to assist or encourage another to commit suicide.
The pre-1961 criminalisation of suicide stemmed, in part, from religious objections. The Church of England has historically considered suicide a 'mortal sin'. Indeed, under current Canon Law, ministers have a duty to bury deceased Anglican parishioners unless they "being of sound mind have laid violent hands upon himself". And it was only in 2017 that the Church began to allow full funerals for those who died by suicide.
Assisting a suicide is also a crime in Northern Ireland, under Section 13 the Criminal Justice Act (Northern Ireland) 1966.
There is no specific crime of assisting a suicide in Scotland. But it is possible that helping a person to die could lead to prosecution for murder or culpable homicide.
As a result, people suffering unbearable incurable and/or terminal diseases causing immense detriment to their quality of life, and having exhausted all available treatment options, have no legal means to have a safe and peaceful death at the time of their choosing.
Assisted dying is legal under certain circumstances in:
- Australia
- Austria
- Belgium
- Canada
- Colombia
- Germany
- Luxembourg
- The Netherlands
- New Zealand
- Portugal
- Spain
- Switzerland
- The United States (in 10 jurisdictions)
In 2021, Jersey's state assembly voted to legalise assisted dying.
Those with substantial financial means may elect to travel to Dignitas in Switzerland to receive medical help in ending their lives. Every eight days someone from the UK travels to Switzerland for help to die. But at an average cost of £10,000, however, this option remains out of reach for most.
Accessing assisted dying abroad is not only problematic because it excludes the less well off in our society: Travelling to Dignitas necessarily requires an individual to be at a stage in their illness where they are still physically able to travel. This means some patients will feel forced into availing themselves of assisted dying abroad earlier than they otherwise would were it legal in the UK. Thus, the current law is pressurising patients into ending their lives prematurely in an alien setting, away from their home, family and friends.
Furthermore, the law criminalises those who might seek to assist such patients, even when motivated entirely by compassion.
The vast majority of terminally ill patients do not avail themselves of assisted dying, even in jurisdictions where it has been decriminalised. As such, assisted dying should be correctly understood as complementary to rather than in competition with high quality palliative care. It is entirely consistent to believe that assisted dying should be legal while well-funded, gold-standard palliative care should be available to all.
But is it undeniable that even the best palliative care cannot alleviate all suffering in all cases. This suffering can come in many forms, including but not limited to: physical pain, nausea, immobility, incontinence and indignity.
It is well known that, even where access to high quality palliative care is available, serious illness is associated with a higher risk of suicide. A 2022 Office for National Statistics analysis found, for example, that the suicide rate in patients with low survival cancers was 2.4 times higher than the general population.
Research from Dignity in Dying estimates up to 650 terminally ill people a year in the UK take their own lives in lieu of a safe, legal option to die on their own terms, with up to 10 times as many attempts.
Marjorie Wallace CBE, chief executive of mental health charity SANE, has said traditional suicide prevention measures "are not an appropriate response" for those who are nearing the end of life and wish to ease the dying process, because their motivation is "to shorten death, not shorten life".
The criminalisation of assisted dying increases the risk of botched suicides amongst this group. Without the assistance of a medical professional, these individuals lack the means and expertise to end their lives in a peaceful and dignified manner.
Some patients will feel that the only option available to them in ending their own life is Voluntarily Stopping Eating and Drinking (VSED). It should be a source of national shame that terminally ill patients are driven to such excruciating measures when a safe, compassionate alternative is available.
The largest poll ever conducted on assisted dying has found that 84% people in Great Britain support a change in the law. This includes 82% Christians and 90% nonreligious people.
In 2021 British Medical Association, which represents 150,000 UK doctors, voted to drop its active opposition to assisted dying. Half of members supported reform, with only a third supporting criminalisation. Similar stances have been adopted by the Royal College of Physicians, the Royal College of Psychiatrists, the Royal College of Nursing and the Royal Pharmaceutical Society.
The religious concept of the 'sanctity of life' – the idea that God created human life, and only God has the right to end it – is a key driver of opposition to greater patient choice at
In second reading of Baroness Meacher's Assisted Dying Bill 2021, the archbishop of Canterbury Justin Welby said the bishops' bench was united in opposition to legalisation. The bill was described by Bishop John Sherrington, Lead Bishop for Life Issues for the Catholic Bishops' Conference of England and Wales as an "unprecedented attack on the sanctity of life".
The NSS believes everyone should have their say when it comes to assisted dying reform. However, religious dogma should not be considered an objective, compassionate, or legitimate basis for policy making. It is not for the state to impose religious dogma on citizens.
We are concerned that the privileged role of Anglican clerics in the legislature represents undue influence of organised religion over public policy.
The bishops' bench, comprised of 26 Church of England bishops who enjoy their seats as a matter of right, has consistently opposed changing the law. Martin Warner, bishop of Chichester, used his ex officio position in a 2021 debate on assisted dying to opine: "God does not inflict evil on people".
The bishops do not represent the majority views of religious people in the UK – even Christians. A 2019 Populus poll found 80% of religious people support the legalisation of assisted for mentally competent, terminally ill adults. Fifty-three per cent of religious people believe it is wrong for religious leaders to campaign against assisted dying. A 2014 survey found 72% of Anglicans think people with incurable diseases should have the right to ask close friends or relatives to help them die, without fear of risking prosecution.
Separate YouGov polling found 72% of Anglicans support assisted dying reform.
George Carey, former archbishop of Canterbury and a member of the "religious alliance for dignity in dying", has noted that he is "painfully aware" that while his views do not align with Church leadership, they are "ironically, in step with the vast number of Christians who see the need for change". The group's chair, Rabbi Dr Jonathan Romain, has said: "We must puncture the myth that religious people oppose assisted dying. Anti-choice religious leaders and groups don't speak for the majority. We must work together to make the compassionate case for assisted dying."
