Judges: Bean J Citations: [2005] EWHC 2468 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Crime Updated: 14 November 2022; Ref: scu.241528
The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so in the future. Citations: [2002] EWCA Civ 697 Links: Bailii Jurisdiction: England and Wales Cited … Continue reading P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002
application for the issue of a writ of habeas corpus – detention after convictions Citations: [2002] EWHC 243 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health Updated: 04 October 2022; Ref: scu.347791
The appellant had been detained under the 1983 Act. Her appeal had been declined as out of time, and she now appealed against rejection of her request for judicial review. Held: The appeal failed, even though the application to the tribunal should have been treated by it as in time, and the claim against the … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011
Citations: [2005] EWHC 2791 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Crime Updated: 06 July 2022; Ref: scu.241530
Judges: Newman J Citations: [2004] EWHC 51 (Admin) Links: Bailii Statutes: mental Health Act 1983 37 41 Jurisdiction: England and Wales Health Updated: 01 July 2022; Ref: scu.226860
Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005
The applicant’s former partner, G, had been detained under the Act. She had obtained an injunction to keep him away, but whilst exercising staying contact with her child, he had killed his own parents, and was now detained. The tribunal had ordered his conditional release. She sought a copy of the decision, and now sought … Continue reading T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002
The applicant had been detained under the Act. His detention had been ended by the Mental Health Tribunal, but he had been detained again under s3. The decision was later quashed, and he asserted that upon that decision, an earlier sentence of imprisonment took effect, preventing his re-detention. The Tribunal’s detention was later quashed. Held: … Continue reading Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001
The section placed the burden upon a specially restricted patient to prove that he was not suffering from a mental disorder of a nature or degree requiring him to be detained, before the Tribunal could order his release. This shifting of the burden was in breach of his human rights not to be detained. It … Continue reading Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001
A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the community. The authority refused to make the appointment. Held: ‘I reject the submission that this duty … Continue reading Regina v Ealing District Health Authority, ex parte Fox: 1993
The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. Judges: Popplewell J Citations: [1997] EWHC Admin 281 Statutes: Mental Health Act 1983 2, Supreme Court Act 1981 31(6) Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder Mental Health Services … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
An application for the discharge of a mental patient under section 72, was to be based on the same criteria as would found the original decision to authorise detention under section 3. The criteria would mirror each other save that the burden of proof was reversed. It was correct to take account of the possibility … Continue reading Regina v London South West Region Mental Health Review Tribunal, Ex Parte Moyle: QBD 10 Feb 2000
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
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
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The court considered the narrow but important question in this appeal concerns the requirements of the common law principles of procedural fairness in cases where a convicted offender is detained under section 37 as mentally ill and is being considered for transfer from conditions of medium security to conditions of high security. Moses, Patten, Beatson … Continue reading L, Regina (on The Application of) v West London Mental Health NHS Trust and Others: CA 29 Jan 2014
Whether the 1983 Act, and in particular its provisions governing the conditional discharge and deferral of conditional discharge of ‘restricted patients’, are compatible with Article 5 of the European Convention on Human Rights. [2001] EWHC Admin 1037 Bailii Mental Health Act 1983, European Convention on Human Rights England and Wales Citing: Appealed to – Regina … Continue reading Regina (on the Application IH) v Nottinghamshire Healthcare NHS Trust and Others: Admn 5 Dec 2001
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis that he would not have killed anyone but for negligence on the … Continue reading Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997
Application for a Writ of Habeas Corpus ad Subjiciendum directed to the hospital managers of the defendant. The application relates to the detention of the claimant since 30 January 2008 at the Cygnet Wing Blackheath purportedly authorised under . .
This appeal, from an order dismissing the Appellant’s claim for judicial review, raises a short but important point as to the effect of a hospital order made under section 37 of the Mental Health Act 1983: does such an order cease to have effect if . .
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Citations: [2005] EWHC 1366 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health Updated: 07 December 2022; Ref: scu.228313
The defendant appealed the decision of the district judge when adjourning his case for a second psychiatric report with a view to hispossible committal to hospital, saying that this would deprive him of his right to a trial. Held: In cases alleged insanity either at the time of the offence or at trial, the magistrates … Continue reading Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
Appeal against the imposition of the restriction order Judges: Mr Justice Nelson Citations: [2002] EWCA Crim 1698 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 November 2022; Ref: scu.175256
Doctors are to take great care when considering making a recommendation of an order under sections 37 or 41. Citations: Ind Summary 17-Jul-1995 Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Criminal Sentencing, Health Updated: 08 October 2022; Ref: scu.88328
The defendant appealed against a sentence of imprisonment for robberies. He had a history of mental illness and had been diagnosed schizophrenic. He applied to be made subject to an order under the Act, which would replace the sentence with a treatment order, and agreed to be made subject to an extended restriction order. Held: … Continue reading Regina v Atie: CACD 23 Apr 1998
Appeal against sentence for making hoax bomb calls. A hospital order had been made under section 31, and she now appealed against the section 41 restriction order. Held: The hospital, in reality, is operating as a form of prison, because she is not making medical headway there, but it is not a particularly effective prison … Continue reading Regina v HP (Aka C): CACD 26 May 2010
Judicial review of continued detention of claimant under hospital order Judges: Collins J Citations: [2005] EWHC 921 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – Taylor, Regina (on the Application of) v Haydn-Smith and Another Admn 27-May-2005 Whether a detained mental patient could be obliged … Continue reading Regina (B) v Haddock: Admn 20 May 2005
The claimant complained of his proposed detention at Broadmoor. Judges: McGowan J Citations: [2015] EWHC 2296 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Health Updated: 03 September 2022; Ref: scu.550957
The defendant’s appeal against murder had succeeded, and a conviction for manslaughter substituted. The court now asked what should be his sentence. Held: The medical evidence showed that he suffered a mental illness and it is of a nature and degree making it appropriate that he be detained in hospital. The Court made a section … Continue reading Regina v Weekes: CACD 4 May 1999
The defendant was convicted of manslaughter with diminished responsibility. The court was now asked whether it was correct to order a discretionary life sentence or to impose a hospital order pursuant to section 37 of the 1983 Act, with a restriction requirement pursuant to section 41. It was accepted that if a hospital order coupled … Continue reading Welsh v Regina: CACD 1 Feb 2011
Judges: Ben J Citations: [2008] EWHC 1707 (Admin), [2008] MHLR 290 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Crime Updated: 22 August 2022; Ref: scu.277866
The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention. Held: The conditions were inextricably linked to the release, and though there was a … Continue reading W v Doncaster Metropolitan Borough Council: CA 6 May 2004
The applicants challenged the difference in the treatment for benefits after release from imprisonment of those transferred to a mental hospital after conviction (particularly post-tarriff lifers) and those detained after arrest but before trial. The changes were introduced by the 2005 Regulations. Held: The distinction real, but was justified. The question was not where the … Continue reading RD and PM, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2010
Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial. Citations: [2009] EWHC 759 (Admin), [2009] MHLR 71 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3) Jurisdiction: England and … Continue reading Blouet v Bath and Wansdyke Magistrates Court: Admn 12 Mar 2009
Renewed application for leave to appeal after conviction on plea for common assault and sentence to a hospital order and restriction without time under section 41. Held: ‘the overall history that we have described and the balance of the psychiatric evidence did not justify making a restriction order in this case.’ The restriction was removed. … Continue reading MMK, Regina v: CACD 25 Nov 2002
The defendant sought judicial review of a decision by the magistrates to proceed with criminal charges against him in his absence. He suffered confirmed depression. There were several adjournments. Held: ‘despite the unsatisfactory and indeed devious nature of the letter of 6th May, there were real grounds before the District Judge to indicate that the … Continue reading Johnson, Regina (on the Application of) v Director of Public Prosecutions: Admn 8 Dec 2005
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008
The court considered issues arising on the making of hospital orders by criminal courts: ‘ the intention of the section is that someone made the subject of a hospital order should take up a place at a hospital or other unit specified in the court order within 28 days of the order. The broad issue … Continue reading X v An NHS Trust: Admn 7 May 2008
JB challenged his detention under the 1983 Act. Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. Judges: Auld LJ, Scott Baker LJ, neuberger LJ Citations: [2006] EWCA Civ 961, [2006] HRLR 40 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – T-Mobile … Continue reading JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006
Citations: [2005] EWCA Civ 1726 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Prisons Updated: 05 July 2022; Ref: scu.238606
Judges: Sullivan J Citations: [2002] EWHC 1521 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Health Updated: 30 June 2022; Ref: scu.241519
The defendant had been convicted of various offences of violence but then was then to be held in a secure mental hospital. A place was not available, and an order only became available some nine months later, at which time, he argued that the order was no longer appropriate. In the meantime the defendant had … Continue reading Plinio Galfetti v Regina: CACD 31 Jul 2002
B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder. Held: At all times, B was classified as suffering from a mental illness, and the tribunal had not said his condition was … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in exceptional circumstances. It was said to be wrong automatically to impose … Continue reading Regina v Drew: HL 8 May 2003
Even where there is culpability, a hospital order with a restriction order may well be the appropriate way to deal with a dangerous and disordered person.Mustill LJ discussed the effect of a restriction order: ‘In marked contrast with the regime under an ordinary hospital order, is an order coupled with a restriction on discharge pursuant … Continue reading Regina v Birch: CACD 1989
‘This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a ‘hybrid order’ under section 45A of the Mental Health Act 1983 (‘MHA’) combining imprisonment with a hospital direction and limitation direction on the one hand, and a ‘hospital and restriction order’ under section 37 MHA with section 41 … Continue reading Nelson v Regina: CACD 2 Dec 2020
Hughes LJ said that the detention for public protection regime and that under sections 37/41 of the 1983 Act have features in common. Under both, release is discretionary in the hands of the Secretary of State, effectively the Ministry of Justice. There is no absolute right to release. The test for the exercise of the … Continue reading Attorney-General’s Reference No 54 of 2011: CACD 2012
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009
P, a 16 year old boy with learning difficulties faced charges. A psychologist said his IQ was so low (52) that P would not be able to understand or reply rationally to the charges. The justices decided that he was fit to plead; they had formed a view of him from watching him during the … Continue reading Regina (P) v Barking Magistrates Court: Admn 2002
The defendant appealed his conviction of wounding with intent to do grievous bodily harm. He was made subject to a hospital order without limit of time under sections 37 and 41 of the Mental Health Act 1983. Judges: Lord Justice Latham (Vice President of the Court of Appeal Criminal Division) Mr Justice Royce Mr Justice … Continue reading Johnson, Regina v: CACD 9 Jul 2007
Insanity Plea not for D believing he had no choice The court was asked whether the defence of insanity would be available to a psychotic and deluded defendant who was aware that his act was wrong, but believed himself compelled to perform it. The defendant, with a history of mental problems, had attacked family in … Continue reading Keal, Regina v: CACD 18 Mar 2022
Appeal from hospital order Judges: Lord Justice Holroyde Mr Justice Picken Recorder of Manchester (His Honour Judge Dean QC) (Sitting as a Judge of the Cacd) Citations: [2021] EWCA Crim 2004 Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 April 2022; Ref: scu.674621
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs. Held: This was an exceptional case requiring attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003
A section 37 order is not available to a court where a defendant has been found unfit to plead, with an additional finding fo fact that he had committed the act. That finding was not a finding of guilt. Citations: [2003] EWCA Crim 1625 Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Cited … Continue reading Regina v Fairley: CACD 2003
The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act. Held: … Continue reading Henderson v Wilcox and Others: ChD 3 Dec 2015
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights. Held: The respondent was entitled to decide to deport the appellant notwithstanding that he was still subject to orders under sections … Continue reading MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010
Choice of mental Health Sentencing Options On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting imprisonment for life with a limitation restriction under … Continue reading Lall, Regina v: CACD 19 Mar 2021
Appeal from order for detention in mental hospital – making a threat to kill . .
Challenge to refusal to accept claimant in to guardianship. . .
The complainant requested information from the Chief Constable of Essex Police (‘Essex Police’) relating to employees training on mental health and Essex Police’s powers under the Mental Health Act 1983 (MHA). By the date of this notice Essex Police had not issued a substantive response to this request. The Commissioner’s decision is that Essex Police … Continue reading Chief Constable of Essex Police (Police and Criminal Justice): ICO 18 Nov 2021
Judges: Keehan J Citations: [2019] EWCOP 43 Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 09 December 2022; Ref: scu.642837
The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013
Appeals against the imposition of a restriction order under section 41 of the Mental Health Act 1983 imposed in conjunction with a section 37 order under the same Act Citations: [2000] EWCA Crim 3539 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.331143
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
After conviction of manslaughter with diminished responsibility, the defendant now argued that the imposition of an extended sentence of imprisonment with a hospital direction under section 45A was wrong in principle, contrary, as it was, to the unanimous view of the psychiatrists involved in his case that the appropriate sentence was a hospital order under … Continue reading Westwood, Regina v: CACD 6 May 2020
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The defendant firm of solicitors, acting as executors had sought to arrange matters to minimise Inheritance Tax. A deed of variation was put in place after approval by the court, but the CTO interpreted the deed differently. The executors believed the interpretation to be wrong and sought advantage from that interpretation on counsel’s advice. Negligence … Continue reading Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) and others: CA 11 Mar 2005
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014
The court considered issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment.As to the release provisions relating to those subject to an order under ss 37/41 and those made subject to a s 45A order, Hallett LJ said: ‘A level of misunderstanding of the guidance offered in Vowles appears to … Continue reading Edwards, Regina v: CACD 27 Mar 2018
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
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
Referral by the Criminal Cases Review Commission – conviction on plea of attempted murder. Leave is sought to admit fresh evidence that at the time of the offence the appellant suffered Autism Spectrum Disorder (‘ASD’). On the basis of that evidence it is submitted that the appropriate sentence was, and is, a hospital order pursuant … Continue reading Cleland v Regina: CACD 16 Jul 2020
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard of proof in English law. He proceeded on the basis of the ‘convincingly shown’ standard, … Continue reading B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others: Admn 8 Sep 2005
The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing … Continue reading In Re Hughes Deceased: ChD 8 Jan 1999
The adult patient TB suffered both physical and mental delusional disabilities. The carers felt that community support and treatment having failed, only intensive residential reatment would help. She resisted this proposed detention. Held: The court considered its powers under the 1983 and the 2005 Act, and ‘if by operation of section 16A (2) (b) above … Continue reading W Primary Care Trust v TB and Others: Fd 17 Jul 2009
Citations: [1997] EWHC Admin 174 Statutes: Mental Health Act 1983 43 Jurisdiction: England and Wales Health Updated: 17 July 2022; Ref: scu.137119
The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not … Continue reading D’Souza v Director of Public Prosecutions: HL 15 Oct 1992
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city. Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. … Continue reading Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007
Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under Section 3 of the Mental Health Act 1983 Judges: Lord Justice Ryder … Continue reading K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005
The patient, a widow had five children. After she became a mental inpatient the court was asked to draft a statutory will. Held: The court emphasised the need to provide full details of the estate assets and family background. An order that a will should not be executed pending an appeal was wrong in principle. … Continue reading In re D (J): ChD 1982
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The wife petitioned for divorce, alleging cruelty. Held: It had not been a misdirection for the petitioner to have to prove her case beyond reasonable doubt: ‘A high standard of proof’ was required because of the importance of such a case to the parties and the community. although it was a misdirection for a judge … Continue reading Bater v Bater: CA 1951
The court had to decide the extent to which the Parole Board could rely on hearsay evidence in a case in which a discretionary life prisoner’s licence had been revoked. The evidence was crucial to the issue of risk. Held: (majority) The Board’s decision which had relied upon the hearsay evidnce was upheld. Kennedy LJ: … Continue reading Regina on the Application of Brooks v The Parole Board: CA 10 Feb 2004
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003