As the debate around assisted dying continues to evolve in the UK, many face heart-wrenching decisions when a loved one expresses a wish to end their life on their own terms. While facilities such as Dignitas in Switzerland offer legal assisted dying options, under current UK law, individuals who assist others in travelling abroad for this purpose may face serious legal repercussions.
The legal framework
Section 2 of the Suicide Act 1961 makes it a criminal offence in England and Wales to perform “an act capable of encouraging or assisting the suicide or attempted suicide of another person”, where that act was intended to encourage or assist suicide. The offence can be punishable by a prison sentence of 14 years.
The law applies regardless of where the death occurs. If the act of assistance – such as booking flights, arranging accommodation, or accompanying someone – is carried out in the UK, it may trigger criminal liability even if the assisted death takes place abroad.
Prosecution requires the consent of the Director of Public Prosecutions (DPP), which ensures that such cases are handled with particular scrutiny due to their sensitive nature. While very few cases result in prosecution, between 1 April 2009 and 31 March 2025, there were 199 cases referred that were recorded as assisted suicide.
What counts as “assistance”?
The term “assistance” is interpreted broadly. Examples can include:
- purchasing or arranging travel tickets
- helping with logistics or paperwork for a clinic abroad
- accompanying the person to the clinic
- providing emotional or practical support with the intention of facilitating the death.
While many actions may seem more akin to acts of compassion, they can be carefully scrutinised under the law.
Prosecution guidelines
Following the landmark case of Debbie Purdy, the DPP issued guidelines in 2010 to clarify the position. These guidelines suggest that prosecution is less likely if:
- the deceased made a voluntary, informed, and settled decision
- the assister was wholly motivated by compassion
- the assistance was minor, and the assister attempted to dissuade the person
- the assister reported their actions to the police and cooperated fully.
Factors that may support a prosecution being brought include:
- the person lacked mental capacity or was under coercion
- the assister stood to gain financially
- the assister was a stranger or acted in a professional capacity (e.g., doctor, nurse)
- the person was under 18.
These factors are not exhaustive, and the guidelines are not a guarantee of immunity.
Each case is assessed individually, and prosecution remains a real possibility.
Civil consequences: the forfeiture rule
There are also potential civil consequences of assisted suicide. Section 1(2) of the Forfeiture Act 1982 precludes a person who has unlawfully aided, abetted, counselled, or procured the death of another from receiving a benefit as a consequence of that death (the “Forfeiture Rule”). As referred to above, it is a criminal offence to encourage or assist suicide. Therefore, alongside a potential 14-year prison sentence, those who assist a testator with their suicide would also be prevented from inheriting from their estate.
One famous example of the Forfeiture Rule being applied in this way is the case of Ninian v Findlay [2019]. In Ninian v Findlay, Mrs Ninian assisted her husband in travelling to Switzerland to end his life by making the travel arrangements and accompanying him there. As Mrs Ninian had unlawfully aided her husband’s death, she was initially precluded from inheriting from her husband’s estate by virtue of the Forfeiture Rule. However, after a lengthy and costly court battle, she was granted relief from by the Court under section 2 of the Forfeiture Act 1982, which found that she was solely motivated by love and compassion for her husband.
Inquests
The legal and ethical complexities involved outline why individuals may find themselves involved in an inquest following an assisted death, particularly where support was provided for travel abroad to clinics such as Dignitas.
As set out above, under Section 2 of the Suicide Act 1961, any act that could be interpreted as encouraging or assisting suicide, even if carried out with compassion, can trigger criminal liability. Inquests, which are fact-finding rather than fault-finding, may be convened to establish the circumstances of the death, including whether any actions taken by family members or professionals fall within the scope of this legislation. The coroner may explore whether the deceased had mental capacity, whether the decision was voluntary and informed, and whether any assistance given could be construed as unlawful.
Being called to an inquest in such cases can be emotionally and legally challenging; even seemingly minor acts, such as booking travel or providing emotional support, can be scrutinised. While the DPP guidelines may reduce the likelihood of prosecution in cases motivated by compassion, they do not eliminate the risk. Moreover, civil consequences under the Forfeiture Act 1982 may arise, particularly where inheritance is concerned. For those involved, the inquest may be the first step in a broader legal process, and it is essential to approach it with transparency, legal representation, and a clear understanding of the potential implications.
Looking forward
The Terminally Ill Adults (End of Life) Bill, currently under consideration in parliament, represents a significant shift in UK law by proposing to legalise assisted dying under tightly defined conditions. However, whether it “goes far enough” is a matter of considerable debate, and several concerns have been raised during its progression through parliament.
The Terminally Ill Adults (End of Life) Bill proposes to legalise assisted dying for adults:
- diagnosed with a terminal illness and expected to die within six months
- who have mental capacity and make a voluntary, informed decision
- with approval from two independent doctors and a review panel (replacing the previously proposed High Court judge oversight).
While the bill has passed the House of Commons, it still faces scrutiny in the House of Lords.
Conclusion
As the Assisted Dying Bill continues its journey through parliament, the current legal position remains clear: assisting a suicide is a criminal offence in the UK.
Compassionate intentions do not exempt healthcare professionals, carers, or family members from potential investigation or prosecution. Until the law changes, anyone supporting a person nearing the end of life should approach this complex and sensitive area with caution and seek specialist legal advice where appropriate.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2025.