Assisted Dying: Could the Law Change in England and Wales?

Less suffering not more deaths.

Assisted dying remains one of the most difficult and strongly debated issues before Parliament. Supporters argue that terminally ill adults facing unbearable suffering should be able to choose the time and manner of their death. Opponents warn that changing the Law could place vulnerable, disabled or seriously ill people at risk.

Parliament has considered several proposals to legalise assisted dying in limited circumstances. Although the House of Commons supported a Terminally Ill Adults Bill in 2025, it did not complete all its parliamentary stages and did not become Law.

What Is the Current Legal Position?

Suicide is not itself a criminal offence in England and Wales. However, encouraging or assisting another person's suicide is an offence under section 2 of the Suicide Act 1961.

A person convicted of encouraging or assisting suicide can face a maximum sentence of 14 years' imprisonment.

The offence can apply where someone provides practical assistance, supplies the means by which a person ends their life, makes arrangements or deliberately encourages the act.

Whether a prosecution is brought will depend on the evidence and whether the Director of Public Prosecutions considers that prosecution is required in the public interest.

The Terminally Ill Adults Bill

The Terminally Ill Adults (End of Life) Bill considered during the 2024–26 parliamentary session would have allowed certain terminally ill adults in England and Wales to request assistance to end their own lives.

The Bill was introduced in the House of Commons by Kim Leadbeater MP. MPs approved it at its third reading in June 2025, after which it passed to the House of Lords for further consideration.

However, the House of Lords did not complete its examination of the Bill before the parliamentary session ended in April 2026. The Bill therefore fell and did not become Law.

Has a New Bill Been Introduced?

A new Terminally Ill Adults (End of Life) Bill was introduced in the House of Commons by Lauren Edwards MP on 17 June 2026.

Its second reading is scheduled for 11 September 2026. This will allow MPs to debate the general principles of the proposed legislation and decide whether it should progress to detailed examination.

The full text of the new Bill had not been published when this article was prepared. However, its sponsor has said that it is intended to reintroduce the previous Terminally Ill Adults Bill.

The precise safeguards and procedures will need to be checked when the new text is available.

Who Would Have Qualified Under the Previous Bill?

Under the previous Bill, a person seeking an assisted death would have had to:

• Be aged 18 or over
• Be terminally ill
• Be reasonably expected to die within six months
• Have the mental capacity to make the decision
• Be acting voluntarily and without coercion or pressure
• Be ordinarily resident in England or Wales
• Be registered with a GP practice in England or Wales
• Make clear and informed declarations requesting assistance

A person would not have qualified solely because they had a disability or mental health condition.

What Was Meant by Terminal Illness?

The previous Bill described a terminally ill person as someone with an inevitably progressive illness or disease that could not be reversed by treatment and who was reasonably expected to die within six months.

Treatment which only temporarily relieved symptoms or slowed the progression of the condition would not necessarily mean that the illness was reversible.

Predicting life expectancy is not always straightforward. Critics argued that a six-month prognosis could be uncertain, particularly for conditions that do not follow a predictable course.

What Safeguards Were Proposed?

The previous Bill went through extensive amendment and included a detailed assessment process.

Safeguards included:

• Assessment by independent doctors
• Confirmation that the person had capacity
• Consideration of possible coercion or pressure
• Provision of information about palliative, hospice and other available care
• Formal written declarations
• Waiting periods between stages of the process
• Independent review by a specialist panel
• Criminal offences for dishonesty, coercion or falsifying documents

The exact safeguards in the newly introduced Bill cannot be confirmed until its text has been published and considered by Parliament.

Would Doctors Be Required to Participate?

The previous proposals did not require every doctor or healthcare professional to take part in assisted dying.

Healthcare professionals would have been able to decline to participate. However, questions remained about referrals, professional responsibilities and how assisted dying services would be provided in practice.

Medical organisations and individual healthcare professionals hold a wide range of views. Some support a change in the Law, while others object on ethical, professional or practical grounds.

Would the Patient Have to Take the Final Action?

Under the previous Bill, the approved substance would have had to be self-administered by the terminally ill person.

A doctor could have prepared the substance and remained with the person, but the doctor would not have been permitted to administer it directly.

This distinction is intended to separate assisted dying from voluntary euthanasia, where another person performs the final act that causes death.

Arguments in Favour of Assisted Dying

Supporters argue that mentally capable adults who are already dying should have greater control over the circumstances of their death.

Arguments in favour include:

• Respecting personal autonomy and individual choice
• Preventing prolonged and unbearable suffering
• Allowing a person to die at a time and place of their choosing
• Providing a regulated alternative to unassisted suicide
• Reducing the need for terminally ill people to travel abroad
• Creating clear safeguards and professional oversight

Some supporters argue that good palliative care and assisted dying are not alternatives and that both should be available as part of end-of-life care.

Arguments Against Assisted Dying

Opponents are concerned that legalisation could place pressure on people who feel they are a burden on their families or the health service.

Arguments against include:

• The difficulty of identifying subtle coercion
• Uncertainty when predicting life expectancy
• Possible pressure on elderly, disabled or socially isolated people
• Concern that a person may choose death because suitable care is unavailable
• The effect on trust between doctors and patients
• The possibility that eligibility could later be widened
• The risk of mistakes that cannot be corrected

Some disability-rights campaigners argue that choice cannot be considered fully free where a person lacks adequate social care, housing, pain relief or practical support.

The Importance of Palliative Care

Palliative care aims to relieve pain and other symptoms and support a person's physical, emotional and spiritual needs as they approach the end of life.

During debate on assisted dying, concern has repeatedly been expressed about unequal access to hospices, specialist pain relief and community end-of-life services.

A person considering an assisted death would need reliable information about all available treatment and care options. Supporters and opponents of a change in the Law have both argued that palliative care services require adequate and consistent funding.

Mental Capacity

Any assisted dying system would require a person to have the mental capacity to make the decision.

Mental capacity generally involves being able to:

• Understand the relevant information
• Retain that information long enough to make a decision
• Use or weigh the information when deciding
• Communicate the decision

A person should not be assumed to lack capacity solely because they have a mental health condition, disability or make a decision that others consider unwise.

However, depression, cognitive impairment, medication or severe illness may affect decision-making in some cases and could require specialist assessment.

Coercion and Family Pressure

One of the most significant concerns is whether it is possible to ensure that a request is genuinely voluntary.

Pressure may be direct, such as threats or financial abuse, or more subtle. A terminally ill person might believe they are creating financial, emotional or caring burdens for relatives.

Any future system would need effective procedures for identifying coercion, controlling behaviour, abuse and conflicts of interest.

The previous Bill proposed serious criminal penalties for anyone who dishonestly, coercively or through pressure caused another person to make or proceed with an assisted dying declaration.

Travelling Abroad for an Assisted Death

Some UK residents travel to another country where assisted dying is lawful.

A relative or friend who helps with travel or other arrangements could potentially be investigated under the Suicide Act 1961. However, prosecution is not automatic.

The Crown Prosecution Service considers a published range of public-interest factors, including the person's motivation, the wishes and capacity of the deceased and whether the assistance was compassionate or involved pressure or financial gain.

Anyone considering assisting should obtain specialist criminal legal advice before taking action.

Advance Decisions and End-of-Life Treatment

Assisted dying should not be confused with a patient's existing right to refuse medical treatment.

An adult with capacity can refuse treatment even where that decision may result in death.

A person may also make a legally binding advance decision refusing specified treatment in the future if they later lose capacity, provided the legal requirements are satisfied.

Doctors may lawfully provide appropriate pain relief intended to relieve suffering even where there is a foreseeable risk that treatment could have an incidental effect on life expectancy. This is legally and ethically distinct from deliberately assisting suicide.

Will the New Bill Become Law?

The introduction of a Bill does not mean that the Law will change.

The Bill must pass through several stages in both the House of Commons and the House of Lords. It may be amended, delayed, rejected or fall if it does not complete its parliamentary stages.

If approved by both Houses, it would require Royal Assent before becoming Law. Further regulations and implementation work would then be needed before an assisted dying service could begin.

Until that process is completed, encouraging or assisting suicide remains a criminal offence in England and Wales.

Obtaining Legal Advice

Anyone facing questions about end-of-life treatment, mental capacity, advance decisions or a relative's proposed travel abroad should obtain specialist legal advice.

A solicitor experienced in healthcare, Court of Protection or criminal Law can explain the current legal position and the risks associated with assisting.

Medical advice should also be obtained about palliative care, symptom control and available end-of-life services.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal, medical or end-of-life advice. The Law and the progress of proposed legislation may change, and their application will depend on the individual circumstances. You should seek advice from a suitably qualified solicitor and healthcare professional before taking or refraining from action.