Citation

Moon A. Med. Leg. J. 2013; 81(Pt 2): 64-73.

Copyright

(Copyright © 2013, Medico-Legal Society, Publisher SAGE Publications)

DOI

10.1177/0025817213478383

PMID

23812118

Abstract

The following is a transcript of a talk relating to aspects of the medical protection given to those in custody by the domestic legislation, by the common law and by the European Convention on Human Rights. So far as domestic legislation is concerned, consideration is given to the provisions of the Prison Act 1962 as amended by the Offender Management Act 2007, and the Prison Rules. The protection afforded at common law is considered by reference to some of the leading cases including Leigh v Gladstone (1909) TLR 139, Secretary of State for the Home Office v Robb [1995] 1 All ER 677 and Brooks v Home Office [1999] 2 FLR 33. The question of whether a lower standard of care in law is to be applied to those in custody compared with that applied to those who are not in custody is addressed. Cases involving suicide in prison and liability for negligent release from custody are discussed. The extent to which there may be liability for breaching a patient's confidence is considered. Lastly the talk touches upon the circumstances in which the authorities might be liable for breaches of Articles 2 and 3 of the European Convention on Human Rights by reference to the ECtHR decision in Tarariyeva v Russia [2009] 48 EHRR 26.

Language: en