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Journal of Medical Ethics 2002;28:156-159; doi:10.1136/jme.28.3.156
Copyright © 2002 by the BMJ Publishing Group Ltd & Institute of Medical Ethics.
J Med Ethics 2002;28:156-159
© 2002 Journal of Medical Ethics

ETHICS, LAW, AND MEDICINE

Dementia in prison: ethical and legal implications

S Fazel1, J McMillan2 and I O'Donnell3

1 Section of Old Age Psychiatry, Department of Psychiatry, University of Oxford, Oxford, UK
2 Centre for Ethics and Communication, University of Oxford, Departments of Public Health and Primary Care, Institute of Health Sciences, Oxford, UK
3 Institute of Criminology, Faculty of Law, University College Dublin, Dublin, Ireland

Correspondence to:
Correspondence to:
Dr S Fazel, Department of Psychiatry, University of Oxford, Warneford Hospital, Oxford OX3 7JX, UK;
seena.fazel{at}psych.ox.ac.uk

ABSTRACT

As the number of elderly prisoners increases in the UK and other Western countries, there will be individuals who develop dementia whilst in custody. We present two case vignettes of men with dementia in English prisons, and explore some of the ethical implications that their continuing detention raises. We find little to support their detention in the various purposes of prison put forward by legal philosophers and penologists, and conclude by raising some of the possible implications of The Human Rights Act 1998.

Keywords: Dementia; prisoners; human rights


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This article has been cited by other articles:

  • Steiner, E. (2003). Early Release for Seriously Ill and Elderly Prisoners: Should French Practice be Followed?. Probation Journal 50: 267-276 [Abstract]  

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