Challenge to restriction order made in defendant’s absence. Citations: [1998] EWHC Admin 786 Links: Bailii Statutes: Mental Health Act 1983 51(5) Criminal Practice, Health Updated: 27 May 2022; Ref: scu.138907

That a mentally disturbed defendant may cause embarrassment by his behaviour in court was no reason for him not to be brought to court to be present when an order detaining him under the Act was to be made. The words of section 51(5) must be construed restrictively, and it was not to be applied … Continue reading Regina (Kenneally) v Snaresbrook Crown Court: Admn 27 Nov 2001