Suicide and the Law

Elizabeth Wicks is Professor of Human Rights Law at Leicester Law School, UK.

1. Suicide: Definitions and Conceptual Approaches
I. Defining Suicide
A. Why Define?
B. Self-caused Death
C. An Intention to Die
II. Different Conceptions of Suicide
A. The Moralistic View
B. The Sociological View
C. The Medical Model
D. The Rights View
E. The Consequentialist View
III. Conclusion

2. The History of the Law against Suicide
I. Historical Background
II. Punishment of Suicide in English Law
III. The Insanity Exception
A. The Pivotal Role of Coroner’s Juries
B. Life Insurance Suicide Exclusion Clauses
IV. The Nineteenth-century Removal of the Penalties for Suicide
V. The Development of the Offence of Attempted Suicide
VI. A Medical or Social Problem: Treatment not Punishment
VII. Conclusion

3. The Legalisation of Suicide
I. Impetus for Legalisation
A. The Treatment Concern – The Mental Health Act 1959
B. The Religious Objection – The Church of England’s ‘Ought Suicide to be a Crime?’ Report
C. The Political Perspective – Parliamentary Interest in the Issue
D. The Legal Issue – The Criminal Law Revision Committee’s Report 1960
E. Conclusion
II. Parliamentary Passage of the Suicide Bill
A. House of Lords
B. House of Commons
III. Suicide in the Courts aft er 1961
A. Suicide Pacts
B. The New Statutory Offence of Assisted Suicide
IV. Changing the Wording of the Offence
V. Legal Duties to Prevent Suicide
VI. Conclusion

4. Suicide and Mental Health
I. Suicide and Rationality
A. Can a Suicidal Person have Capacity?
B. Can Suicide Ever be a Rational Choice?
C. Implications for Suicide Prevention and the Law
II. Current Legal Framework: The Use of Mental Capacity and Mental Health Laws to Prevent Suicide
A. Overview of Mental Health Laws for Preventing Risk of Suicide
B. Application of Mental Capacity Laws for Preventing Risk of Suicide
C. Problems with Both Mental Capacity and Mental Health Laws in the Suicide Context
D. A Refined Legal Approach with Capacity at its Core
III. Conclusion

5. Suicide in Detention and the Human Rights Obligations to Prevent it
I. Suicide in Detention
II. Suicide in Detention and the Right to Life
A. Assessment of Suicide Risk
B. Preventative Steps and Reasonableness
III. Suicide in Detention and Degrading Treatment
IV. Suicide and Autonomy in Detention
V. Suicide, Detention and Vulnerability
VI. Conclusion

6. Suicide of Children and Young Persons
I. Suicide and the Young
II. Young People, Autonomy and Choices about Dying
A. Judicial Approaches to Children who Choose to Die
B. The Meaning of Autonomy and Capacity in Relation to Young Persons’ Choices to Die
C. Seeking a Principled Basis for Overriding a Young Person’s Choice to Die
III. Responding to Suicide Risks in Young People
IV. Conclusion

7. Suicide and Refusal of Treatment at the End of Life
I. Refusing Life-sustaining Medical Treatment and Suicide
II. Is Respecting a Choice to Die Assisting a Suicide?
III. Is there a Duty to Prevent Suicide at the End of Life?
IV. Conclusion

8. Assisting and/or Encouraging Suicide
I. The Current Offence of Assisting Suicide
A. The Assisted ‘Dying’ Challenge
B. Prosecutorial Tolerance of Assisting Suicide
C. The Ongoing Judicial Struggles with Assisted Dying
D. Conclusions on the Current Offence
II. Encouraging Suicide – Using the Criminal Law to Protect Human Life
III. Legalising Assistance with a Capacitated Voluntary Death
IV. Conclusion

9. Conclusion and Recommendations
I. ‘Suicide’ and the Law – Changing the Label, Recognising the History
II. Capacity to Choose to Die – The Key to the Law’s Proper Ambit
III. Suicide Prevention in Context
IV. A Call for Reform of the Criminal Offence
V. Applying the Current Law and Preventing Suicide