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Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. Held: He had in fact been detained: ‘We do not consider that the judge was correct … Continue reading Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful. Held: The continued detention of a mental health patient who is incapable of giving consent is unlawful in the absence of the hospital following the statutory procedures. Owen … Continue reading L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

MH v Secretary of State for the Department of Health and others: HL 20 Oct 2005

The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .

Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity. Judges: Lloyd LJ Citations: Ind Summary 12-Apr-1993, [1993] FLR 187 Statutes: Mental Health Act 1983 131 Jurisdiction: … Continue reading Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

L v United Kingdom: ECHR 5 Oct 2004

The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004

Vowles and Others, Regina v: CACD 5 Feb 2015

The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the possibility of a hospital order, and ‘a major effect of the decision of a judge to impose an indeterminate … Continue reading Vowles and Others, Regina v: CACD 5 Feb 2015

Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

The applicant had been a discretionary life prisoner. His minimum period of detention had passed, but he continued to be detained under a transfer order for his treatment as mental health patient. Held: The absence of any means for him to challenge his continued detention infringed his rights. Had the Mental Health Review Tribunal decided … Continue reading Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

The Secretary of State for Justice v RB and Another: CA 20 Dec 2011

The court considered and rejected the possibility of the First Tier Tribunal making orders under the 2005 Act which would have the effect of depriving a patient of his liberty. The respondent, now aged 73, suffered a persistent delusional condition and was a ‘restricted patient’. Maurice Kay LJ VP, Arden, Moses LJJ [2011] EWCA Civ … Continue reading The Secretary of State for Justice v RB and Another: CA 20 Dec 2011

D v Secretary Of State for the Home Department: Admn 19 Dec 2002

Transfer directions of discretionary life prisoners. Mr Justice Stanley Burnton [2002] EWHC 2805 (Admin), [2003] 1 WLR 1315 Bailii Criminal Justice Act 1991, Mental Health Act 1983 47 England and Wales Prisons Updated: 17 November 2021; Ref: scu.347817

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 11 Feb 1999

The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .