Consent Evaluation

• Cannot Consent to Death

  • no right to die
  • Pretty v UK - motor neurone disease
  • campaign groups - 'dignity in dying'
  • legal in other countries
  • discriminatory - able bodied able to take life as they wish
  • allow Passive Euthanasia - able to withdraw treatments
  • allowed for animals
  • C.A - passing of Assisted Dying Bill
• Medical Procedures/Treatment

  • consent given e.g. operation
  • if known risks, valid consent
  • implied consent - 'best interest' of patient
  • Jehovah's witness or have a DNR - would have refused
• Inconsistent Application of Policy Considerations

  • R v Brown - injuries were sadomasochistic, concern that injuries will get worse, send a message out to society that injuries are not acceptable, could have potentially lead to deterioration of behaviour if accepted
  • R v Wilson - acquitted, branding was compared to 'personal adornment' and similar to a tattoo
  • injuries were both serious and of a GBH/Wounding nature
  • protect society
  • Brown criticised - should have autonomy over own bodies
• Informed Consent

  • R v Tabassum - invalid, wasn't doing research for database on breast cancer
  • R v Richardson - had been struck off but continued to treat patients - defence of consent was allowed