Cooper v Prison Bd. [1987] JLR 36 (09 January 1987)

Cooper v Prison Bd. [1987] JLR 36 (09 January 1987)

The medical officer must attend the prisoner urgently upon being informed of illness, including mental disturbance, and must not prescribe treatment without examination; routine visits do not satisfy the rule's requirement.

Citation
[1987] JLR 36
Parties
Applicant: Cooper; Respondent: Prison Board
Jurisdiction
Jersey
Judgment Date
09 January 1987
Procedural Posture
Judicial Review / Judgment
Outcome
application allowed
Legal Topics
Duty of Care, Medical Attendance in Prison, Interpretation of 'illness'
Prison Law Medical Law Duty of Care Medical Attendance in Prison Interpretation of 'illness'

Case Brief

Summary, issues, holding and outcome

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Parties

Cooper

Applicant

Prison Board

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the prison medical officer is required to attend a prisoner immediately upon being informed of the prisoner's illness under Prison (Jersey) Rules, 1957, r.76(1)
  2. 2 Whether 'illness' under the rule includes mental disturbance
  3. 3 Whether it is proper for the medical officer to prescribe treatment without examination

Ratio Decidendi

The medical officer must attend the prisoner urgently upon being informed of illness, including mental disturbance, and must not prescribe treatment without examination; routine visits do not satisfy the rule's requirement.

Court Disposition

application allowed

Orders

  • Medical officer must attend prisoners at once upon notification of illness, including mental disturbance.
  • Medical officer must not prescribe treatment without prior examination.