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A Study Day on Assisted Dying 30 th November 2012

The Society for Ethics & Law in Medicine. A Study Day on Assisted Dying 30 th November 2012. UK law in relation to assisted dying is indefensible. Dr Peter Nightingale FRCA, FRCP, FFICM, FRCP Edin. “Whose life is it anyway?” With apologies to Brian Clark. Wide range of backgrounds

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A Study Day on Assisted Dying 30 th November 2012

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  1. The Society for Ethics & Law in Medicine A Study Day on Assisted Dying30th November 2012 UK law in relation to assisted dying is indefensible Dr Peter Nightingale FRCA, FRCP, FFICM, FRCP Edin

  2. “Whose life is it anyway?” With apologies to Brian Clark • Wide range of backgrounds • Ethnic \ Religious \ Cultural • Age \ Experience • Role of campaigning groups • Observations from other countries • Views change over time PERSONAL FREEDOM SOCIETAL VIEWS LAW & STATE REGULATION “Nothing endures but change” – Heraclitus (540-480 BC)

  3. A tipping point?

  4. Suicide Act 1961 • Suicide Act 1961 • 1961 CHAPTER 60 9 and 10 Eliz 2 An Act to amend the law of England and Wales relating to suicide, and for purposes connected therewith. [3rd August 1961] 1 Suicide to cease to be a crime. The rule of law whereby it is a crime for a person to commit suicide is hereby abrogated. • 2 Criminal liability for complicity in another’s suicide. (1) A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years. But 2(4) requires the DPP to adjudicate!

  5. Suicide Act 1961 - amended in 2009 • Section 2 • A person (D) commits an offence if – • (a) D does an act ... encouraging or assisting the suicide This conflicts with: • many patient’s wishes • the Government’s desire to put the patient at the centre of decisions about their care • the mood of the public and politicians And, the DPP’s role may confuse the public Hence the law needs to change

  6. Commission on Assisted Dying 2012 ... the current legal status of assisted suicide is “inadequate and incoherent”

  7. Changes to the Suicide Act 1961? • Legislation should be ‘permissive' not 'prescriptive‘ • It would then be 'not unlawful‘ to participate • Appropriate safeguards must be robust

  8. Changes to the Suicide Act 1961? • Legislation should be ‘permissive' not 'prescriptive‘ • It would then be 'not unlawful‘ to participate • Appropriate safeguards must be robust • Correct diagnosis and outcome understood • Well informed and competent • Reassurance on fear of the dying process • Symptom control \ Depression • No external pressure \ Multiple signatories • Coroner accepts \ Registered as Assisted Dying

  9. Changes to the Suicide Act 1961? • Legislation should be ‘permissive' not 'prescriptive‘ • It would then be 'not unlawful‘ to participate • Appropriate safeguards must be robust • There would be no obligation to participate • The default position would remain non-participation • Those willing to assist would not fear prosecution • Would support the wishes of many patient • A pragmatic solution to a difficult debate?

  10. Thank youAnd do the right thing – vote for the motion

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