The first of yesterday’s Lords judgments was in this human rights case, about the standard of investigation required by the article 2 Convention right to life, when a prisoner attempts suicide and fails, but injures himself seriously. In this case, JL tried to hang himself at Feltham YOI, and suffered serious brain damage from lack of oxygen.
Their Lordships decided unanimously that some kind of enhanced investigation is required by article 2, involving the prisoner or his representatives: a mere internal investigation is not enough. The investigation need not initially be the type of inquiry required in R(D) v Home Secretary but the public interest may require such an inquiry depending on the circumstances: how much the evidence is conflicting, the extent to which witnesses are cooperative, the extent to which failings appear to have contributed to the injury, and the nature of what happened itself.
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