Court order will allow hospital to treat prisoner

The High Court has made orders allowing a hospital administer medical treatment to a prisoner who has been refusing medication for an infection.

The application was made in respect of a prisoner, who cannot be identified by order of the court, who it is claimed lacks the mental capacity to accept treatment.

In a brief application before Mr Justice Richard Humphreys on Wednesday evening the hospital, which the judge has also ruled cannot be identified, sought an order allowing it to administer treatment to the man.

The court heard that the man may suffer from a mental illness and is currently at the hospital. He refuses to be treated for an infection that could become septic and cause his death.

A lawyer for the hospital said the prisoner lacks capacity to make a decision on his medical treatment and had failed to accept his infection could deteriorate.

The hospital said given the man’s refusal it would not administer treatment including anti-biotics unless it had a court order. The man’s condition was of concern to the hospital but it is understood that despite his refusal his life is not currently in danger.

The court heard the man, who is serving a lengthy sentence, had an aggressive nature and could cause difficulty in the hospital.

The prisoner, who was not present in court, was represented by his legal guardian. She told the court the prisoner had told her he was hearing voices in his head. He had also told her “brain jackers” were telling him his life was at risk. The guardian said she supported the hospital’s application.

Mr Justice Humphreys said he was satisfied to make an order allowing the hospital to administer whatever treatment it deemed necessary. Following the order, lawyers for the hospital said it was hoped that the matter would not trouble the court any further.