The Legal Definition of Death in the UK: An Analysis and a Proposal

Abstract

The UK does not have a statutory definition of death. Since the 1980s, an emerging clinical concept of death, named ‘Death determined using Neurologic Criteria’ (DNC), has gradully been acknowledged by the UK courts. While several recent cases have contested this position, DNC is now regarded as the medical and legal definition of death. The absence of a statutory definition of death, coupled with the complex and counterintuitive nature of DNC, has provided sceptics ambiguity with which to challenge the medicolegal status quo. The common law approach to defining death appears increasingly unsatisfactory; there is now a strong argument to enact relevant legislation in the UK. This paper proposes legislation which would bring greater legal clarity, certainty and consistency to the determination of death, and would address many of the practical and conceptual problems that currently exist.