LEGAL experts from across Scotland are calling for clear guidance on how anyone who helps a loved one to die will be treated by the law, describing the current confusion as "shameful".
A letter signed by 21 leading academics is being sent to the Health and Sport Committee of the Scottish Parliament this week urging MSPs to address the "alarming lack of clarity in Scots law" about assisted suicide.
While guidance has been issued in England showing when aiding someone's death is likely to lead to prosecution, some feel the Crown Office has tried to avoid dealing with the issue north of the Border.
The experts say the current situation means friends and relatives of a desperately ill patient who is seeking help to die, do not know what repercussions they might face. They could face trial for murder or culpable homicide.
The letter, which is published in today's Herald says: "A person dealing with this most troubling of ethical dilemmas must simply wait and see what the Lord Advocate chooses to do - and how the courts respond - after the fact. Individuals dealing with unbearably tragic circumstances deserve better than this. This shameful state of affairs should embarrass any legal system."
Regius Professor of law at Glasgow University James Chalmers, who helped organise the letter, said not all the signatories supported the legalisation of assisted suicide - as proposed by the bill introduced to Holyrood by Margo MacDonald.
Prof Chalmers said: "The Lord advocate should have done something on this long ago. I can understand why he or she did not want to. Trying to come up with a publicly defensible statement is going to be a thankless task. It is going to divide opinion. But, what happened in England was they said 'We have got to do it because it is desperately unfair if you do not do it.'"
In 2010 Keir Starmer, then director of public prosecutions, issued guidance for England and Wales showing the circumstances which are likely to lead to a prosecution and those which are not. Where the victim is determined to die and the person assisting was wholly motivated by compassion, court action is less likely to be considered in the public interest.
The experts who have signed the letter are calling for Ms MacDonald's bill to pass Stage One in the hope that this may result in a clarification of the law. If the bill fails, they say the issue must still be dealt with.
A Crown Office spokesman said the Lord Advocate Frank Mulholland had made the Crown's position on assisted suicide clear.
He added: "There is no such law in Scotland and anyone who assists someone to die will be dealt with under the law of homicide which is clear and accessible.
"A prosecution will be raised if there is a sufficiency of evidence and it is in the public interest to do so. The Lord Advocate recently made this clear in a letter to the Justice Committee." He added the Crown will be waiting for the outcome of the judicial review.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article