A final act of mercy that could end up in the dock

HELPING someone to take their own life can result in prosecution for murder or culpable homicide.

In Scotland there is no official guidance on the laws surrounding assisted suicide but the Crown Office and Procurator Fiscal Service can pursue charges.

All circumstances are taken into account, including whether prosecution would be in the public interest.

The law permits a form of non-voluntary euthanasia, in very limited circumstances, for patients who have lost all capacity to make decisions about their own treatment, when it is in a person’s best interests to do so. This may include withdrawing food or water from patients in a permanent vegetative state.

In 2010, the Scottish Government issued national guidelines regarding the circumstances in which a person could request that in the event of pulmonary or cardiac failure they should not be resuscitated (Do Not Attempt Cardiopulmonary Resuscitation, DNACPR).

In England and Wales, the Suicide Act 1961 makes it an offence to encourage or assist a suicide or a suicide attempt, with a maximum penalty of up to 14 years in prison. This is almost identical to the situation in Northern Ireland.

In 2010, then Director of Public Prosecutions Keir Starmer issued guidance that made it clear that family or friends who travelled with a loved one to the Swiss suicide group Dignitas would be unlikely to face prosecution.