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NLJ this week: Assisted dying under the legal microscope

16 January 2026
Issue: 8145 / Categories: Legal News , Health , Human rights , Wills & Probate , Criminal
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Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961

The article explains why prosecutions are rare but real, guided by DPP policy rather than immunity, and why inquests are increasingly the first legal reckoning for families and advisers alike. The civil consequences are just as stark: under the forfeiture rule, those who assist may lose inheritance rights unless courts exercise discretion.

Against this backdrop, the authors assess the Terminally Ill Adults (End of Life) Bill, now before the Lords, questioning whether its safeguards and reliance on medical judgement truly reflect modern medical reality. Until reform arrives, practitioners must navigate a regime that criminalises conduct many see as humane.

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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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