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Compassion or crime?

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

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NEWS
Legal advice to people detained in police stations could be delivered by video link, Sir Brian Leveson has said, in part two of his Independent Review of the Criminal Courts
The Public Accounts Committee (PAC) has urged the government to move towards a less adversarial system of clinical negligence, after the total cost to the NHS quadrupled within 20 years to an eye-watering £60bn
Peers have warned impending legislation could put executors at financial risk when their loved ones die
Legal IT supplier InfoTrack has launched a conveyancing tool that speeds up the pre-contract enquiries stage by allowing both sides to collaborate in one shared workspace
Barristers met with 19 of their local MPs at ten Crown Courts in all six circuits last week, as part of a Bar Council and Criminal Bar Association initiative to defend juries and explain the factors behind the backlog of nearly 80,000 cases
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