Ross v Lord Advocate

Judicial review – Assisted suicide – Human rights. Court of Session: Refusing a reclaiming motion in a judicial review petition by a petitioner who sought declarator that the Lord Advocate's failure to publish specific guidance on the facts and circumstances he would take into account in deciding whether to prosecute someone who assisted another to commit suicide was a breach of the petitioner's right to respect for his private life, the court held that the respondent had expressed his policy in a clear manner and it could not be said that he was exercising his discretion in a way which was arbitrary and did not meet the requirements of legality: the respondent's interference with the petitioner's right under art 8.1 of the European Convention on Human Rights was in accordance with the law in terms of art 8.2

Category: