PEOPLE who help a friend or relative to end their life may still face prosecution if new laws are passed legalising assisted suicide, the body representing the country's top lawyers has warned.
The Assisted Suicide Bill was championed by independent MSP Margo MacDonald, who died from Parkinson's disease in April, and aims to allow people with terminal or severe illnesses to gain help from others to end their suffering.
But the Faculty of Advocates, which represents the Scottish Bar, has criticised the plans as complex and confusing in places.
It said the planned legislation needs to make it clear and readily understood - not just by solicitors - what legal protection would be given to someone helping another person commit suicide.
In a submission to the Scottish Parliament, the Faculty has stressed that if assisted suicide is to be legalised, clarity in the legislation is "imperative".
It said the Bill, which is being taken forward by Green Party co-convener and MSP Patrick Harvie on Ms Macdonald's behalf, in its current form may be open to "a variety of interpretations, and that the penalties for breach of the requirements of the legislation are spelled out".
The Faculty, which neither supports nor opposes the Bill, added: "Otherwise, persons wishing the protection of the legislation will be unclear as to whether their acts are protected and may render themselves liable to prosecution for serious crimes or subsequent review of their conduct in a civil court.
"The Faculty considers that the Bill as currently drafted may not achieve these essential goals."
The Bill is the second attempt to legalise assisted suicide following an attempt by Ms MacDonald in 2010.
Supporters and campaigners say the new Bill is improved and has safeguards to address the concerns of its opponents.
It now contains an "early warning" aspect, whereby anyone over the age of 16 can inform their GP of their support in principle for assisted suicide.
Any requests to GPs must be backed up by a second professional opinion and followed by a 14-day "cooling-off" period.
This process is then repeated again with a second request, after which one of the doctors concerned supplies a licensed facilitator with a prescription to enable assisted suicide to take place.
This facilitator, or "friend at the end", has no relationship with the patient and is given the task of collecting the prescription and agreeing the process of assisted suicide.
The Faculty said: "It is not clear whether the facilitator requires to remain with the person until he dies.
"The facilitator is also to provide such practical assistance as the person wishing to commit suicide reasonably requests.
"The Faculty notes the tension between this provision and the requirement that the person's death be his own deliberate act."
The body said the planned legislation does not make clear the means by which someone may commit suicide. Referring to Section 19 of the Bill, it suggests that would seem to envisage drugs as a method of achieving death.
It added: "The Faculty is unclear from the wording of the Bill whether or not it is intended to extend protection to the use of other methods by which a person might commit suicide."
The Bill contains no sanctions or penalties for contravention of its provisions, the body added, while there is a lack of detail about record-keeping by the various people involved and inspection of records to prevent abuse.
"The Faculty considers that, if assisted suicide is to be legalised ... clarity is imperative," it said.
This week a petition signed by 2500 people in favour of the Bill was presented to Mr Harvie.
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