As regular readers will be aware, Mr Noel Conway suffers from motor neurone disease, and while he retains the capacity to make the decision, he wishes to enlist the assistance of a medical professional to bring about his death in a peaceful and dignified way. He applied unsuccessfully for judicial review to seek a declaration under s 4(2) Human Rights Act 1998 that s 2(1) of the Suicide Act 1961 – which provides that a person commits a criminal offence if he or she does an act capable of encouraging or assisting the suicide or attempted suicide of another person and their act was intended to encourage or assist suicide or an attempt at suicide – is incompatible with the ECHR. S 2(1). In [2017] EWHC 640 (Admin), Burnett LJ and Jay J refused his application: Charles J dissented. We noted it here.

In this latest judgment however, R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, McFarlane and Beatson LJJ concluded that permission to appeal and permission to apply for judicial review should be granted, and they remitted the matter to the Divisional Court to hear and determine the case. Continue reading →