Abstract
The decision to allow the force‐feeding of Ian Brady raises many complex ethical and legal issues. Early case law sanctioned force‐feeding, as suicide was illegal. However, this raises the question of whether death by hunger‐strike is suicide, or simply an exercise of the right to self‐ determination. Recent case law provides a mixed message. Some cases recognise the duty of the prison authorities to intervene, others that it is merely a power, whilst a third category emphasises self determination. American case law also fails to give clear guidance on the constitutionality of force‐feeding. This article examines the case law, and considers the impact of the Human Rights Act 1998 on the force‐feeding of hunger‐striking prisoners.
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