BMA - Providing medical care and treatment to people who are detained

Providing medical care and treatment to people who are detained

October 2007

General principles

Prisoners are entitled to the same standards of health care as the rest of society. This includes respect for the patient's dignity and privacy.
Wherever possible, without compromising the quality of care, treatment should be provided within the prison. Conditions of privacy must be available.
Outside prisons, there should be a presumption that prisoners are examined and treated without restraints, and without prison officers present, unless there is a high risk of escape or the prisoner represents a threat to him or herself, the health team or others.
Discussions should take place between the health team and the prison officers to assess the level of risk in each particular case. If, after discussion, it is considered that the level of risk is low, the doctor in charge should request the removal of restraints.
If agreement cannot be reached, the Chief Executive of the hospital or NHS Trust should discuss the case with the Governor of the prison.
If a prisoner lacks the capacity to consent, treatment should be administered in accordance with the relevant legislation.

For further guidance on the treatment of adults who lack capacity please see: