Nicklinson v. DPP - Mixed Results for Right to Die in UK

Paul Lamb

Last year, the British High Court handed down judgment in the cases of Tony Nicklinson and “Martin.”  The two men were seeking clarification of the law relating to euthanasia and assisted suicide.  The court refused the relief they sought and the matter was appealed.  



Last week, the Court of Appeal handed down a 58-page judgment.  The Court of Appeal identified three main issues: 

1. Should the common law provide a defense to murder where that takes the form of euthanasia in circumstances where another party is giving effect to the settled wish of a competent person?


2. Do legal prohibitions on those providing assistance constitute a disproportionate interference with Article rights?


3. Is the DPP’s policy statement (on factors which he will take into account when considering whether or not to exercise his discretion in favor of prosecuting) satisfy the criteria that interference with Article 8 must be "in accordance with the law"? 

The Court rejected the first two arguments.  But it agreed that the DPP must review and clarify his policy on prosecutions under Section 2(1) of the Suicide Act 1961.  Additionally, the Court granted leave to appeal.