AG v X [2004] JRC 010 (14 January 2004)

AG v X [2004] JRC 010 (14 January 2004)

A mentally competent adult prisoner has the absolute right to refuse food, drink, and medical treatment, and the authorities may lawfully observe and abide by such refusal, including after the prisoner loses capacity, provided an advance directive is in place and remains applicable.

Citation
[2004] JRC 010
Parties
Applicant: Attorney General; Respondent: X
Jurisdiction
Jersey
Judgment Date
14 January 2004
Procedural Posture
Application for Declaratory Relief / Judgment After Urgent Hearing
Outcome
Declarations granted in favour of observing X's refusal of food, drink, and medical treatment, including after loss of capacity, as set out in the advance directive.
Legal Topics
Force Feeding, Advance Directives, Capacity to Refuse Treatment, Prisoners' Rights, Right to Self Determination, Sanctity of Life
Medical Law Human Rights Law Prison Law Force Feeding Advance Directives Capacity to Refuse Treatment Prisoners' Rights Right to Self Determination +1 more

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Parties

Attorney General

Applicant

X

Respondent

Procedural Posture

Application for Declaratory Relief / Judgment After Urgent Hearing

Legal Issues

  1. 1 Whether prison or hospital authorities may lawfully force feed a mentally competent prisoner on hunger strike who has refused food, drink, and medical treatment via an advance directive.
  2. 2 Whether an advance directive refusing treatment remains effective after the loss of capacity.

Ratio Decidendi

A mentally competent adult prisoner has the absolute right to refuse food, drink, and medical treatment, and the authorities may lawfully observe and abide by such refusal, including after the prisoner loses capacity, provided an advance directive is in place and remains applicable.

Court Disposition

Declarations granted in favour of observing X's refusal of food, drink, and medical treatment, including after loss of capacity, as set out in the advance directive.

Orders

  • The hospital and prison authorities may lawfully observe and abide by X's refusal to receive nutrition, hydration, and medical treatment.
  • The hospital and prison authorities may lawfully abstain from providing X with nutrition, hydration, or medical treatment, unless and until he wishes to be provided with the same.