Jersey Unveils Draft Assisted Dying Legislation, Giving a Glimpse into its Future in Guernsey

Jersey's government has unveiled draft legislation for assisted dying, providing a framework for mentally competent adults with terminal illnesses to end their lives with the help of medical professionals under certain circumstances. The legislation is due to be debated by the island's States Assembly on November 25, with a series of public information sessions taking place beforehand. If approved, Jersey would become just the second jurisdiction in the British Isles to legalize assisted dying, following the Isle of Man's historic move earlier this year.

Key Takeaways:

The draft Assisted Dying Law proposes a PS2.6m framework for mentally competent, terminally ill adults to end their lives with the help of medical professionals under certain limited circumstances.
To be eligible, individuals must have been diagnosed with a terminal illness, have decision-making capacity, and have a voluntary, clearly expressed, settled, and informed wish to end their own life.
The individual must also believe they would not be able to bear the suffering caused by their condition and must be at least 18 years old and have been ordinarily resident in Jersey for at least 12 months.
The law will set out a legal test for assess doctors to determine if an individual has sufficient decision-making capacity to end their life by assisted dying.
The process of assisted dying will be delivered by the Jersey Assisted Dying Service, available free of charge to anyone who meets the eligibility criteria.
The service will follow an eight-step process, including assessments by coordinating and independent doctors, a written declaration signed in the presence of a witness, and a comprehensive administrative review of the requests.
Individuals have the legal right to appeal if their requests are rejected.
The administering practitioner will support the individual in planning for their assisted death, including the preferred method of delivery of the drugs and who will be present.
The approved drugs will be taken by the person or administered by the administering practitioner, and the process for the registration of the death and burial or cremation will be the same as with all deaths in Jersey.
The law will create new offences for people who do not act in accordance with the law, including coercing someone to request assisted dying or giving false or misleading information.
The Jersey Care Commission will oversee the process of assisted dying and have powers to suspend the service if failings are identified.
A post-death review will be carried out by the Assisted Dying Review Panel, which will deliver findings to the Assisted Dying Assurance and Delivery Committee.

Statistics:

The draft Assisted Dying Law proposes a PS2.6m framework for assisted dying.
Research from March last year indicated nearly nine out of 10 islanders wanted to see a change in the law to allow assisted dying.
The Isle of Man became the first jurisdiction in the British Isles to allow assisted dying when the Assisted Dying Bill passed through the island's parliament in March this year.
The law in the Isle of Man applies to terminally ill residents who are mentally competent, have less than 12 months to live, and have been residents of the island for at least five years.
The legislation is undergoing further scrutiny in the House of Lords in England and Wales.
In Scotland, the Assisted Dying for Terminally Ill Adults (Scotland) Bill passed its first parliamentary stage in May, with two more phases of scrutiny required before it could become law.

Sources:

"Assisted Dying Law Draft Law", Jersey Government (2023)
"Island Set to Become Second Jurisdiction in British Isles to Legalize Assisted Dying", Jersey Evening Post (2023)
"Isle of Man Becomes First Jurisdiction in British Isles to Allow Assisted Dying", BBC News (2023)
"Terminally Ill Adults (End of Life) Bill", UK Parliament (2023)
"Assisted Dying for Terminally Ill Adults (Scotland) Bill", Scottish Parliament (2023)