麻豆约拍

Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.

Under French law, a person who endangers the life or health of another by failing to assist in some way faces imprisonment of up to five years or a fine of 75,000 euros. In the UK there would be no liability whatsoever. We can walk past a drowning baby with legal impunity.

Our common law system in the UK does not generally impose liability for pure omissions - failures to act. There is no general duty of care owed by one person to prevent harm occurring to another. However, a duty of care can arise, for example, once someone attempts to rescue a drowning child if they inadvertently make things worse.

So is British law both failing to make people behave as good Samaritans and punishing them if they do? What needs to change?

The panel includes former law lord, Lord Hoffmann, and distinguished academic lawyer Andrew Ashworth who have polarised views on the issue. Andrew Ashworth calls for the introduction of a general good Samaritan law, arguing that our current law is untidy and unprincipled. Lord Hoffmann suggests such a law would be unnecessary and inappropriate.

With leading barrister Peter Cooke and French law expert Catherine Elliott, the panel examines the arguments for and against a law imposing a duty of rescue.

Producer: Brian King
An Above The Title production for 麻豆约拍 Radio 4.