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The High Court has granted an order for the transfer of a prisoner to a hospital for the provision of nourishment and medical treatment, overriding his refusal due to a lack of capacity stemming from a mental disorder. The prisoner, detained on remand, had refused food and fluids as a protest to regain his liberty, leading to a grave physical state. The court found that the prisoner's decision-making was influenced by delusional beliefs, rendering him incapable of making a reasoned decision regarding his health and welfare. Consequently, the court authorized necessary and proportionate steps to preserve his right to life, including the administration of nourishment and medical care, despite his expressed wishes to refuse such interventions.
High Court, prisoner transfer, right to life, refusal of nourishment, mental capacity, mental disorder, delusional beliefs, inherent jurisdiction, life-saving treatment, guardian ad litem, Assisted Decision Making Capacity Act 2015, Criminal Law Insanity Act 2006, National Forensic Mental Institution (CMH), ex parte application, constitutional rights, autonomy.
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