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

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

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.

Citation
[2004] JLR 1
Parties
Applicant: Attorney General; Respondent: X
Jurisdiction
Jersey
Judgment Date
14 January 2004
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Prisoners' Rights, Refusal of Treatment, Advance Directives
Prison Law Medical Law Prisoners' Rights Refusal of Treatment Advance Directives

Case Brief

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Parties

Attorney General

Applicant

X

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether prison authorities must accept an adult prisoner's decision to refuse nutrition, hydration, or medical treatment if of full mental capacity
  2. 2 Whether such refusal is valid if contained in an advance directive signed in presence of an advocate

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