Jersey Judgment

Att. Gen. v X [2004] JLR 1 (14 January 2004)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Prison authorities are required to respect the decision of an adult prisoner of full mental capacity to refuse nutrition, hydration, or medical treatment, and this right extends to advance directives signed in the presence of an advocate.

Court disposition

application dismissed

02

Material facts

Parties

Attorney General

Applicant

X

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Prison authorities have a duty to preserve life and may not be bound by a prisoner's refusal of treatment.
Respondent
An adult prisoner of full mental capacity has the right to refuse nutrition, hydration, or medical treatment, including through an advance directive.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [2004] JLR 1

    Authorities must accept an adult prisoner's decision to refuse nutrition, hydration, or medical treatment if of full mental capacity, including if contained in an advance directive signed in presence of an advocate.

06

Ratio, limits and disposition

Ratio decidendi

Prison authorities are required to respect the decision of an adult prisoner of full mental capacity to refuse nutrition, hydration, or medical treatment, and this right extends to advance directives signed in the presence of an advocate.

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2004] JLR 1

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v X [2004] JLR 1 (14 January 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR040001.html Cite as: [2004] JLR 1 [ New search ] [ Help ] Att. Gen. v X 2004 JLR 1 (14 January 2004) Prison-prisoners' rights-refusal of treatment-authorities to accept adult prisoner's decision to refuse nutrition, hydration or medical treatment if of full mental capacity-not confined to period retains full mental capacity if contained in advance directive signed in presence of advocate The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2004 JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR040001.html

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