A TERMINAL TUSSLE: ASSISTED DYING ON THE PRECIPICE OF LEGALISATION FOR ENGLAND AND WALES BUT WILL THIS BRING SAFEGUARDING OVERREACH?

The issue of assisted dying in the United Kingdom (‘UK’) has been a consistent feature of legal and political discourse for several decades. A series of court decisions in which it was decided that neither UK common law nor the Human Rights Act 1998 (UK) supported a change to the ban on assisted suicide in the criminal law stymied the introduction of voluntary assisted dying laws. While 2009 saw the UK Director of Public Prosecutions introduce a set of guidelines designed to inform the prosecution of assisted suicide, the argument for legal change to the substantive law has persisted. This has taken the form of private members’ bills which have to date failed or lapsed at various stages of parliamentary consideration. In 2025, however, the Terminally Ill Adults (End of Life) Bill 2024 has passed both stages of the Commons and is on the precipice of being debated in the House of Lords. This short commentary assesses the key provisions of this proposed legislation, comparing it to the Western Australian Voluntary Assisted Dying legislation. It identi4ies key provisions in both pieces of legislation and questions whether the safeguards underlying the Bill¹ will ultimately provide an obstacle for those seeking access to the statutory scheme.