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R. (on the application of Nicklinson) v Ministry of Justice [2013] EWCA Civ 961

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R. (on the application of Nicklinson) v Ministry of Justice [2013] EWCA Civ 961
The appellants (M, N and L) appealed against a decision ([2012] EWHC 2381, [2012] 3 F.C.R. 233) concerning the illegality of assisted suicide and euthanasia. M, N and L wished to die but were incapable of ending their own lives without the assistance of a third party or euthanasia carried out by the third party. It was likely that those who provided such assistance would be guilty of assisted suicide under the Suicide Act 1961 s.2(1), whilst those who carried out euthanasia would be guilty of murder. After the decision in R. (on the application of Purdy) v DPP [2009] UKHL 45, [2010] 1 A.C. 345, the DPP had set out in a policy statement the factors to be taken into account when considering whether to prosecute assisted suicide cases. The court was required to determine whether (i) to grant a declaration, as sought by L, that necessity should be a defence to a charge of euthanasia and assisted suicide where certain conditions were met; (ii) the blanket legal prohibition on providing assistance to those wishing to die constituted a disproportionate interference with the European Convention on Human Rights 1950 art.8; (iii) the DPP should set out in greater detail, as sought by M, how he would exercise his discretion to initiate prosecution in cases of assisted suicide in order to make the law more accessible and foreseeable.

L's sought issue could not be resolved for the following reasons: (a) the sanctity of life was a fundamental principle of common law. There was no self-evident reason why it should give way to the values of autonomy or dignity; (b) there was no right to commit suicide; s.1 of the 1961 Act merely conferred immunity from the criminal process for those who actually committed suicide; (c) it was not appropriate for the court to fashion a defence of necessity in such a complex and controversial field, it was a matter for Parliament, Airedale NHS Trust v Bland [1993] A.C. 789 considered; (d) A question was raised of how the courts could develop a
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