Prosecuting assisting suicide in Scotland, the right to manifest religion in the workplace – and the relevance of Gilbert & Sullivan to the referendum…
Court of Session upholds prosecution policy on assisting suicide
In Ross v Lord Advocate  ScotCS CSIH 12 the Second Division of the Inner House rejected the reclaiming motion from a decision of the Lord Ordinary on a petition for judicial review of the Lord Advocate’s failure or refusal to publish specific guidance on the facts and circumstances which he would take into account in deciding whether or not to prosecute an individual who assists another to commit suicide. The reclaimer, a 65-year-old man, suffers from diabetes, heart problems, Parkinson’s disease, and peripheral neuropathy. It was agreed by both sides that the circumstances engaged Article 8 ECHR.; however, the Court concluded that the policy was “prescribed by law” and that there was no evidence that the law was being applied by the Lord Advocate in an arbitrary way.
UKHRB has posted a helpful analysis of the judgment by Thomas Raine. In deference to David Allen Green’s dictum – more below – that “The one bad reason to blog is to do it just for the sake of it” there’s little point in us doing the same. But that won’t let Frank off having to write a note for Law & Justice.
Victoria Wasteney in the EAT Continue reading