Suicide Act 1961

Last updated

Suicide Act 1961
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to amend the law of England and Wales relating to suicide, and for purposes connected therewith.
Citation 9 & 10 Eliz. 2. c. 60
Territorial extent  England and Wales, except as regards the amendments made by Part II of the First Schedule, and except that the Interments (felo de se) Act 1882, is repealed also for the Channel Islands. [1]
Dates
Royal assent 3 August 1961
Other legislation
Amends
Repeals/revokes Interments (felo de se) Act 1882
Amended by
Status: Amended
Text of statute as originally enacted
Text of the Suicide Act 1961 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Suicide Act 1961 (9 & 10 Eliz. 2. c. 60) is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide in England and Wales so that those who survived a suicide attempt would no longer be prosecuted.

Contents

The text of sections 1 and 2 of this Act was enacted verbatim for Northern Ireland by sections 12 and 13 of the Criminal Justice Act (Northern Ireland) 1966.

Analysis

Suicide is defined as the act of intentionally ending one's own life. Before the Suicide Act 1961, it was a crime to die by suicide, and anyone who attempted and survived could be prosecuted and imprisoned, while the families of those who died could also potentially be prosecuted. In part, that criminalization reflected religious and moral objections to suicide as self-murder. Augustine and Thomas Aquinas had formulated the view that whoever deliberately took away the life given to them by their Creator showed the utmost disregard for the will and authority of God and jeopardized their salvation, encouraging the Church to treat suicide as a sin. By the early 1960s, however, the Church of England was re-evaluating its stance on the legality of suicide, and decided that counselling, psychotherapy and suicide prevention intervention before the event took place would be a better solution than criminalisation of what amounted to an act of despair in this context. [2]

Sir Charles Fletcher-Cooke was the principal figure behind the emergence, introduction and passage of this legislation. Before it was introduced in July 1961, Fletcher-Cooke had been unsuccessfully trying to introduce such a bill for the decriminalisation of suicide for over a decade beforehand. While Home Secretary Rab Butler supported the bill, Prime Minister Harold Macmillan did not. In the event, the bill passed into law easily, decriminalising suicide, but creating an offence of "assisting, aiding or abetting suicide", which later became a pivotal clause for future debates about voluntary euthanasia several decades later. [3]

The Suicide Act was, however, a significant piece of legislation for, while section 1 treated the previous legal rule that suicide is a crime as "abrogated", section 2(1) stated:

A person who aids, abets, counsels or procures the suicide of another, or attempt by another to commit suicide shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.

This created a new offence of "complicity in suicide", but the effect is unparalleled in this branch of the law because there is no other instance in which an accessory can incur liability when the principal does not commit a criminal offence. The situation with a conspiracy to assist a suicide is likewise unique: if an individual incapable of ending their own life enlists the aid of an outside party in performing the act, that party may be charged with conspiracy. The wording of s1(1) Criminal Law Act 1977 provides that a conspiracy will come into being if, when everything has been done to realize the agreement, some conduct:

(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement...

No offence will necessarily be committed by the suicide victim if the agreement is carried out, but the fact that it is legally impossible to commit the crime of suicide is irrelevant under the Criminal Attempts Act 1982.

Human Rights Act 1998

The first human rights challenge to s2(1) was mounted in 2001 under the European Convention on Human Rights (ECHR) in Pretty v Director of Public Prosecutions (2002) 1 AC 800 with the ECHR rejecting the application in Pretty v. UK (2346/02) shortly before her death by natural causes . Diane Pretty was suffering from motor neurone disease and was paralysed from the neck down, had little decipherable speech and was fed by a tube. She had only a few weeks to live, claimed to be frightened and distressed by the suffering and indignity, and wanted her husband to provide her with assistance in ending her life when she felt unable to bear it any longer, although she intended to perform the final act herself. Because giving this assistance would expose the husband to liability under s2(1), the DPP was asked to agree not to prosecute. When this agreement was refused, the case began. Article 2 of the Convention provides:

1. Everyone's right to life shall be protected by law. No-one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

This direct challenge to the legislation sought to assert an individual's right of autonomy against public policies protecting the sanctity of human life. Mrs. Pretty's full capacity for informed, rational consent was not disputed by opposing counsel. In Re B (Adult: Refusal of Medical Treatment) (2002) 2 AER 449 the court had already decided that a patient could refuse treatment knowing that this would result in death. However, the court in this case drew a distinction between passively allowing death through omission and active assistance in suicide, as per R v Brown (1993) 2 All ER 75 (the famous Spanner case), which ruled that a person cannot lawfully consent to anything more than the infliction of minor injury. Thus, the standing adjudication in English common law is that, as dying is an inevitable consequence of life, the right to life under the Convention necessarily implies the obligation to have nature take its course.[ citation needed ]

See also

Suicide legislation (United Kingdom)

Related Research Articles

<span class="mw-page-title-main">Attempted murder</span> Crime of attempt in various jurisdictions

Attempted murder is a crime of attempt in various jurisdictions.

<span class="mw-page-title-main">Indian Penal Code</span> Erstwhile Penal code of Republic of India

The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after since independence till it was replaced by Bharatiya Nyaya Sanhita in December 2023. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The code has since been amended several times and is now supplemented by other criminal provisions.

<span class="mw-page-title-main">Incitement</span> Encouragement of another person to commit a crime

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.

<span class="mw-page-title-main">Accessory (legal term)</span> Person who assists in the commission of a crime

An accessory is a person who assists in, but does not actually participate in, the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree:

Art and part is a term used in Scots law to denote the aiding or abetting in the perpetration of a crime, or being an accessory before or at the perpetration of the crime. There is no such offence recognised in Scotland as that of being an accessory after the fact.

<span class="mw-page-title-main">Suicide legislation</span> Laws concerning suicide around the world

Suicide is a crime in some parts of the world. However, while suicide has been decriminalized in many countries, the act is almost universally stigmatized and discouraged. In some contexts, suicide could be utilized as an extreme expression of liberty, as is exemplified by its usage as an expression of devout dissent towards perceived tyranny or injustice which occurred occasionally in cultures such as ancient Rome, medieval Japan, or today's Tibet Autonomous Region.

<span class="mw-page-title-main">Criminal conspiracy</span> Agreement between two or more people to commit a crime at some time in the future

In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit to the number participating in the conspiracy and, in most countries, the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.

Diane Pretty was a British woman from Luton who was the focus of a debate about the laws of euthanasia in the United Kingdom during the early part of the 21st century. She had attempted to change British law so she could end her own life because of the pains and problems that she endured because of her terminal illness motor neurone disease. She said "I want to have a quick death without suffering, at home surrounded by my family".

<span class="mw-page-title-main">Offence against the person</span> Crime that typically involves force or harm upon the person of another

In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.

Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy could not be proven. The penalty of life imprisonment for sodomy was also so harsh that successful prosecutions were rare. The new law was much more enforceable. It was also meant to raise the age of consent for heterosexual intercourse. Section 11 was repealed and re-enacted by section 13 of the Sexual Offences Act 1956, which in turn was repealed by the Sexual Offences Act 1967, which partially decriminalised male homosexual behaviour.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

<span class="mw-page-title-main">Crimes Act 1961</span> Act of Parliament in New Zealand

The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.

Euthanasia became legal in New Zealand when the End of Life Choice Act 2019 took full effect on 7 November 2021. It is illegal to "aid and abet suicide" under Section 179 of the New Zealand Crimes Act 1961. The clauses of this act make it an offence to "incite, procure or counsel" and "aid and abet" someone else to commit suicide, regardless of whether a suicide attempt is made or not. Section 179 covers both coercion to undertake assisted suicide and true suicide, such as that caused by bullying. This will not change under the End of Life Choices Act 2019, which has provisions on coercion of terminally ill people.

<span class="mw-page-title-main">Accessories and Abettors Act 1861</span> United Kingdom legislation

The Accessories and Abettors Act 1861 is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many classes of encouragers (inciters). Mainly its offences were, according to the draftsman of the Act, replacement enactments with little or no variation in phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It collected the relevant parts of Peel's Acts and others.

Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else".

<span class="mw-page-title-main">Criminal Attempts Act 1981</span> United Kingdom legislation

The Criminal Attempts Act 1981 is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt.

Conspiracy to murder is a statutory offence defined by the intent to commit murder.

In English criminal law, an inchoate offence is an offence relating to a criminal act which has not, or not yet, been committed. The main inchoate offences are attempting to commit; encouraging or assisting crime; and conspiring to commit. Attempts, governed by the Criminal Attempts Act 1981, are defined as situations where an individual who intends to commit an offence does an act which is "more than merely preparatory" in the offence's commission. Traditionally this definition has caused problems, with no firm rule on what constitutes a "more than merely preparatory" act, but broad judicial statements give some guidance. Incitement, on the other hand, is an offence under the common law, and covers situations where an individual encourages another person to engage in activities which will result in a criminal act taking place, and intends for this act to occur. As a criminal activity, incitement had a particularly broad remit, covering "a suggestion, proposal, request, exhortation, gesture, argument, persuasion, inducement, goading or the arousal of cupidity". Incitement was abolished by the Serious Crime Act 2007, but continues in other offences and as the basis of the new offence of "encouraging or assisting" the commission of a crime.

Section 309 of the Indian Penal Code criminalises attempted suicide as well as suicide assistance.

<i>Seales v Attorney-General</i>

Seales v Attorney-General[2015] NZHC 1239 was a 2015 court case concerned with whether a doctor could assist a terminally ill patient in ending her own life. Wellington lawyer Lecretia Seales, terminally ill from a brain tumour, sought High Court declarations to the effect that her doctor would not be committing murder, manslaughter or assisting a suicide if he assisted in her euthanasia. Seales also sought, as an alternative, that the court make declarations that the Crimes Act was not consistent with the New Zealand Bill of Rights Act 1990. The Court declined to make any of the declarations sought by Seales. Seales died of her illness the day after the judgment was delivered.

References

  1. The Suicide Act 1961, section 3(3)
  2. Ought Suicide to Be A Crime? A Discussion of Suicide, Attempted Suicide and the Law: Westminster: Church Information Office: 1959
  3. "Personal File: Charles Fletcher-Cooke:" Who Do You Think You Are? March 2013: 66