Legal Positions on Assisted Dying in Jersey: Scenarios and Analysis
Explore the legal positions on euthanasia, physician-assisted suicide, assisted suicide, and treatment withdrawal in Jersey through four scenarios discussed by Suzanne and Alex. Understand the similarities and differences in the legal landscape, including the handling of cases involving end-of-life decisions within the context of Jersey's laws and precedents.
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Presentation Transcript
Meeting 1: Assisted Dying Scenarios and Jersey Law Ruth Johnson Policy Officer, Government of Jersey Jersey assisted dying citizens jury March-May 2021
Use four scenarios discussed by Suzanne and Alex to explain: Similarities and differences in legal position in Jersey euthanasia physician assisted suicide assisted suicide treatment withdraw Jersey assisted dying citizens jury March-May 2021
Scenario 1: Euthanasia Legal position in Jersey - similar to England & Wales Doctor gives injection that ends Jayne s life Murder - because the Doctor caused, and intended to cause, Jayne s death Jersey Law would not recognise Jayne s consent as a defence to the crime Mandatory life sentence but circumstances of case would be considered at sentencing Jersey assisted dying citizens jury March-May 2021
Scenario 2: Physician-Assisted Suicide (PAS) Scenario 3: Assisted Suicide (AS) PAS: doctor gave Jack pills which Jack took and which ended his life AS: husband helped Daisy travel to Switzerland where she took pills which ended her life Not murder - because doctor did not cause Jack s death and Daisy s husband did not cause Daisy s death Legal position on assisted suicide in Jersey is different from England & Wales No explicit offence of encouraging or assisting suicide in Jersey Law (unlike Suicide Act 1961 in England & Wales) But legal position not 100% clear Suicide was previously treated as a crime under Jersey customary law. As that is no longer the case, if suicide is not treated as a crime, it is doubtful that assisting suicide could be treated as crime However, as no cases dealt with by the Court in Jersey, there is some legal uncertainty. Jersey assisted dying citizens jury March-May 2021
Scenario 4: Treatment withdrawal Legal position in Jersey - similar to England and Wales No explicit criminal offence related to withdrawal of treatment Highly unlikely that doctors would commit an offence if withdrawal of treatment was in Daniel s best interests Determination of best interests is complex; takes into account factors such as prospects of recovery and amount of pain suffered Most probable that cause of death would be Daniel s road traffic accident, rather that withdrawal of treatment Few precedents in Jersey Courts, but where cases have been considered, it is clear that the Court - would sanctioned decisions not to prolong life (ie. withdraw treatment that prolongs life) - would not sanction decision to terminate life or accelerate death (ie. give treatment to end life)
Summary Euthanasia illegal (similar to England and Wales) Physician assisted suicide and assisted suicide legal position unclear but doubtful that it is a crime (different to England and Wales) Withdrawal of treatment not illegal (similar to England and Wales) Jersey assisted dying citizens jury March-May 2021
Jersey assisted dying citizens jury March-May 2021
