Assisted dying and the law in Scotland — the story so far

Assisted dying is an emotive topic. You don’t have to work in law or medicine, or even passionately belong to one side of the debate to see how impactful its realities are to many.

Up and down Scotland, patients, families, carers and campaigners in the broader sense dedicate years to the assisted dying cause. Whether they want it to become legalised to alleviate suffering and give terminally ill people control at the end, or feel strongly that this kind of decision would be detrimental to individuals and wider society, and difficult to enforce in practice, the debate creates powerful reactions.

Although confined to neither law courts, hospital clinics or Scotland, increasing discussions about incorporating assisted dying into laws around the world has seen the campaign powerfully play out here in Scotland too.

What is it?

‘Assisted dying’ refers to helping someone else to end their life. It’s currently illegal in Scotland and could result in prosecution for murder or culpable homicide.

Campaigners have proposed models in which terminally ill adults in Scotland would be able to lawfully request, and be provided with, assistance to end their own life. Everyone wishing to do this would need to be an adult, eligible and assisted by two medical professionals.

As the Scottish Parliament stresses, eligibility means the individual:

• is terminally ill (with an advanced and progressive disease, illness or condition which they cannot recover from, and which is expected to cause their premature death)

• is aged 16 or over

• has been resident in Scotland for at least 12 months and is registered with a GP practice in Scotland

• has sufficient capacity to make and understand the decision

Demonstrating the close link between law and medicine in this area, both doctors must be satisfied that the person is acting voluntarily, without coercion or pressure.

Legally speaking

According to Dignity in Dying Scotland, 591 Scots each year suffer as they die. And with assisted dying hitting Scottish headlines more than ever in recent years, it moved closer to becoming a reality earlier this year.

It hasn’t happened yet – but there were many occasions when it seemed likely, after Liam McArthurMSP introduced a Member’s Bill to propose legalising assisted dying in March 2024.

Then a Liberal Democrat backbencher representing Orkney, McArthur aspired for Scottish law to allow access to “safe and compassionate assisted dying for those who meet the criteria and want it”, alongside other palliative and end-of-life care options.

Rather than local terminally ill adults finding no alternative to the prospect of a prolonged, painful, traumatic death, McArthur felt the Bill passing would allow them autonomy, dignity and control over the end of their life. He also thought this would secure Scotland as a more compassionate society.

Various steps followed, both in and out of Parliament, including debates, correspondences and amendments.

You can catch up on the political timeline thanks to the Scottish Parliament, but among the most crucial moments was when the Bill passed its Stage 1 vote in May 2025. However, it fell at Stage 3 in March 2026.

Not over yet

This doesn’t necessarily mean the total end of the road to legalising assisted dying in Scotland, but it is a major setback for those who campaigned for it. And no one will feel this more keenly than McArthur, whose political career so far is, and will probably remain, most associated with these efforts. As a result, The Journal spoke to him on his motivations and next steps.

“I’ve long supported the right of terminally ill patients to have more choice over the time and place of their death. Since first being elected in 2007, I’ve been a signatory of the two Bills introduced by the late Margo MacDonald, the second of which was taken forward latterly by Patrick Harvie after Margo died,” McArthur reflects.

“When I announced my intention to bring forward a Bill in 2021, I did so with the heart-wrenching stories of those who have died in painful, undignified circumstances in mind. The process of taking the Bill forward over the past five years only reinforced my view that the status quo leaves terminally ill Scots more vulnerable and more isolated.

“Those who have the means to do so are faced with travelling overseas to die alone, while others face unimaginable suffering and horrific pain end-of-life, or tragically take matters into their own hands behind closed doors. I believe we can and must do better.”

On this year’s setback for the mobilisation he spearheaded, McArthur says: “While I’m deeply disappointed the Scottish Parliament passed up the opportunity to introduce a safe, compassionate system of assisted dying, one that would have introduced safeguards for end-of-life care that simply don’t exist at present, I’m certain this issue isn’t going away. My Bill received the most votes any assisted dying legislation has ever received in the Scottish Parliament and I’m confident that when this reform, which commands the overwhelming support of the Scottish population, next comes before MSPs it will be successful.”

Widening from Westminster

When looking at what’s panning out here in Scotland, it’s also worth heading a little further south. Although Scotland is devolved, matters of this scale will often interest London too.

So much so that June 2025 saw the Terminally Ill Adults (End of Life) Bill: Third Reading arrive at the House of Commons. It was a historic vote, with 314 yeses to 291 nos.

Although a narrow majority, this meant the Bill, brought about by Kim Leadbeater, Labour MP for Spen Valley, went on to the House of Lords. The last Committee session took place inApril 2026.

But after 210 hours of scrutiny across both Commons and Lords – more than most Bills get – it ran out of time in the latter. Criticism has followed, including by pointing out that those in the Lords are unelected.

More than 150 MPs wrote to Prime Minister Keir Starmer, who has also supported assisted dying, urging for time to be allocated for the Bill to return in the next session after the King’s Speech (which happened in May 2026).

This year and last also provided crucial landmarks within assisted dying outside the UK border.

The Isle of Man’s Bill passed its final stage of the legislation in Tynwald, its Parliament, in March 2025, to allow mentally competent, terminally ill adults whose life expectancy is 12 months or fewer to request assisted death under strict safeguards. However, it is still awaiting Royal Assent.

And the Assisted Dying Law was passed by the States Assembly of Jersey in February 2026, and is now awaiting a response from the UK Government.

Around the world

Neither Scotland nor the rest of the UK is a particular pioneer of assisted dying. As long ago as 1997, Oregon enacted the Death with Dignity Act. Since then, 11 other US jurisdictions have legislated for similar, with Delaware and Illinois joining last year.

Voluntary assisted dying for terminally ill people is legal across most of Australia, starting in Victoria in 2019, followed by New Zealand in 2021. Closer to home and more recently, France voted in 2025 to give people in later stages of terminal illness the right to end their lives, with its Bill now before its Senate. Seven other European Union members have versions of assisted dying.

So, whatever happens in Scotland will have surely been thought about – or even acted upon already. Whether by one of our relative neighbours, or as far away as it’s possible to travel, similar beliefs about this topic are likely to be found in most corners of the world.