§ Mr. StinchcombeTo ask the Secretary of State for the Home Department what powers he has to intervene in respect of a person in custody in one of Her Majesty's prisons who is seeking to fast to death and what guidance he has issued to(a) prison officers and (b) others in respect of the exercise of such powers [161023]
§ Mr. BoatengThe Prison Service has a duty of care but compulsory treatment may be provided only in certain circumstances. Generally, prisoners who are assessed to be of sound mind, who have no evidence of mental illness, and who fully understand the consequences of their actions, cannot be treated compulsorily and therefore422W cannot usually be fed artificially against their will by prison authorities. In such situations, some prisoners may, in consultation with their legal advisers, make directives to the effect that they do not wish for medical intervention in the event of a deterioration in their well-being. However, even where advance directives have been made, all aspects of prisoners' conditions are reviewed, including mental capacity and well-being. They are reminded of the consequences of their actions should they wish to continue to refuse food.
The Prison Service issued detailed guidance to prison doctors, in January 1996, on the subject of food refusal, which discussed the question of mental capacity and the implications of advance directives.