Coroners and Justice Act 2009

Prospective

SuicideE+W+N.I.

59Encouraging or assisting suicide (England and Wales)E+W

(1)The Suicide Act 1961 (c. 60) is amended as follows.

(2)In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—

(1)A person (“D”) commits an offence if—

(a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and

(b)D's act was intended to encourage or assist suicide or an attempt at suicide.

(1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.

(1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.

(1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.

(3)In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused guilty of the offence under subsection (1). ”

(4)After that section insert—

2AActs capable of encouraging or assisting

(1)If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of this Act as having done it.

(2)Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of this Act it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).

(3)A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.

2BCourse of conduct

A reference in this Act to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

60Encouraging or assisting suicide (Northern Ireland)E+W

(1)The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.

(2)In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute—

(1)A person (“D”) commits an offence if—

(a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and

(b)D's act was intended to encourage or assist suicide or an attempt at suicide.

(1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.

(1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.

(1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.

(3)In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the person charged committed an offence under subsection (1) in relation to that suicide, the jury may find the person charged guilty of the offence under subsection (1). ”

(4)After that section insert—

13AActs capable of encouraging or assisting

(1)If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of section 13 as having done it.

(2)Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of section 13 and this section it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).

(3)A reference in section 13 or this section to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.

13BCourse of conduct

A reference in section 13 or 13A to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

61Encouraging or assisting suicide: information society servicesE+W+N.I.

Schedule 12 makes special provision in connection with the operation of section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information society services within the meaning of that Schedule.