The law on assisted dying in Scotland

There is no specific crime of assisting a suicide in Scotland. But it is possible that helping a person to die could lead to prosecution for murder, culpable homicide or reckless endangerment.

Why the current law does not work

Dying people need choice

The law denies dying people a meaningful choice over how they die. Because assisted dying is not legal, terminally ill people can’t ask for medical help to die.

People who want to end their lives to avoid pain, indignity, and suffering face an impossible choice. Some people choose to travel abroad to die. This is only possible if they can afford it and are well enough to travel, which might mean dying sooner. Others take their own lives at home, risking a painful, lonely and gruesome death.

Find out more about why the law on assisted dying must change.

Compassion should not be a crime

In Scotland there is no crime of assisted suicide. But helping someone to die risks prosecution for murder, culpable homicide or reckless endangerment.

It is the view of the Scottish courts that providing assistance to a person with the intention of ending his or her life would not normally attract a prosecution for culpable homicide, as long as the person taking their own life was acting voluntarily. The Courts have also said that the act of helping and accompanying somebody to Switzerland who wished to end their life “would not be criminal if prosecuted in Scotland”.

The lack of clarity in the existing law causes stress and confusion for dying people and their loved ones.

Assisted Dying For Terminally Ill Adults (Scotland) Bill

A bill has been put forward by Liam McArthur MSP to enable mentally competent, terminally ill adults to be provided with assistance to end their life, at their request. The bill was introduced in March 2024. The bill is now with the Health, Social Care and Sport Committee and will be debated by the Scottish Parliament at a later date.

Gordon Ross’ landmark legal case

In 2015 Gordon Ross took a case to the Scottish courts to ask that the Lord Advocate publish prosecution guidelines equivalent to those of the Director of Public Prosecutions in England and Wales.

Read about the legal case and judgement.

The law in the rest of the British Isles

England, Wales and Northern Ireland

Helping someone die by suicide is a crime in England, Wales, and Northern Ireland. It can mean a prison sentence of up to 14 years.

Find out more on the Dignity in Dying UK website.

Isle of Man

Assisting a death is illegal in the Isle of Man under section 2(1) of the Criminal Law Act 1981. It can be punished by a sentence of up to fourteen years in prison.

In July 2024, the Isle of Man’s Assisted Dying Bill passed its Third Reading vote. It is the closest to legalising assisted dying in any part of the British Isles.

Channel Islands

Assisted dying is illegal throughout the Channel Islands. In Guernsey it is illegal under the Homicide and Suicide (Bailiwick of Guernsey) Law 2006 and punishable by up to fourteen years in prison. In Jersey assisting a suicide is illegal according to customary laws and recognised in the Homicide (Jersey) Law 1986.