In the recent case of Ninian v Findlay (21st February 2019), the Court had to consider the rule of forfeiture and the law surrounding assisted suicides.
What is Forfeiture?
Forfeiture is a legal rule employed to strip individuals of their unlawfully obtained assets, aiming to serve both as a punishment and a deterrent in carrying out criminal behaviour.
For example, the rule reflects public policy that a person should not be able to benefit from the death of a person that they have killed. For example, if someone kills their spouse, they should not be able to inherit from them. A law that most people would agree is right.
The Forfeiture Act 1982
The Forfeiture Act of 1982 is an important piece of legislation governing the forfeiture of assets. This act was enacted to provide a legal framework for confiscating assets from individuals convicted of certain criminal offences. The primary aim of the Forfeiture Act is to ensure that individuals do not benefit from their criminal activities and to deter others from engaging in illegal behaviour.
Under this act, the court has the power to order the forfeiture of assets that have been acquired through criminal activity or used in connection with criminal offences. The assets that can be seized include money, property, and other valuable items. The act also allows for the forfeiture of assets that are believed to be the proceeds of a crime, even if the individual has not been convicted of a specific offence.
It includes provisions to safeguard the rights of individuals and ensure that the forfeiture process is fair and transparent. It sets out clear procedures for applying, determining, and enforcing forfeiture orders. It also provides for the right of appeal for individuals who wish to challenge a forfeiture order.
The Law on Assisted Suicide
In England and Wales, the act of assisted dying is prohibited by section two of the Suicide Act 1961, making it illegal.
The current law prohibits any form of assistance, whether it be active or passive, to help another person end their own life. It is a criminal offence to aid, abet, counsel, or procure the suicide or attempted suicide of another individual. This means that both actively participating in assisting suicide and providing guidance or encouragement can be punishable by law.
The law is designed to safeguard the sanctity of life and prioritise the protection of vulnerable individuals, while also acknowledging the ethical and moral complexities surrounding end-of-life decisions. However, it is important to note that discussions and debates on assisted dying continue to take place, and there have been efforts to propose changes to the legislation in recent years.
Ninian v Findlay
However, there has been a recent case involving the widow of an 80-year-old man who was diagnosed with an incurable degenerative disease. After three years of living with the diagnosis, he chose to seek the services of Dignitas, an assisted dying organisation in Switzerland. Although his wife initially opposed his decision and encouraged him to explore palliative care options, she ultimately supported him and made the necessary arrangements for the trip, accompanying him to the clinic.
The court was tasked with determining whether the widow could still benefit from her late husband's estate, considering her involvement in assisting his suicide. Surprisingly, the court ruled in her favour, citing significant factors such as the decision of the Crown Prosecution Service (CPS) not to pursue charges.
It is anticipated that similar cases will likely arise more frequently in the future.
To stay up-to-date with the developments of other legal cases and to learn more about UK law, explore our blog.
