Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008

The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence.
Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding of the trial process. A legal system must have a procedure for dealing with that situation. There was a right of appeal under the Criminal Appeal (Northern Ireland) Act 1980 against a finding of unfitness to plead . . The procedure provided was not capricious or arbitrary, and was followed.
Pill, Baker, Richards LJJ
[2008] EWCA Civ 869
Bailii
Mental Health (Northern Ireland) Order 1986, Mental Health (Scotland) Act 1984 81(1), Criminal Procedure (Insanity) Act 1964, European Convention on Human Rights 5
England and Wales
Citing:
Appeal fromJuncal, Regina (on the Application of) v Secretary of State for the Home Department and others Admn 19-Dec-2007
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997.
Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed . .
[2007] EWHC 3024 (Admin)
CitedX v United Kingdom ECHR 5-Nov-1981
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the . .
7215/75, (1982) 4 EHRR 188, [1981] ECHR 6
CitedRegina v M and Others CACD 5-Oct-2001
The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that . .
[2001] EWCA Crim 2024, [2001] MHLR 177, [2002] 1 Cr App R 25, [2002] 1 WLR 824, [2002] Crim LR 57
CitedWinterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
[1979] 2 EHRR 387, [1979] ECHR 4, 6301/73
CitedJohnson v The United Kingdom ECHR 24-Oct-1997
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal . .
Times 04-Dec-97, 22520/93, (1997) 27 EHRR 296, [1997] ECHR 88, (1998) 40 BMLR 1, [2010] ECHR 1857, [2010] ECHR 1859, [1998] HRCD 41, (1999) 27 EHRR 296
CitedRegina (Kenneally) v Snaresbrook Crown Court Admn 27-Nov-2001
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 . .
Times 17-Dec-01, [2001] EWHC Admin 968, [2002] QB 1169, [2002] 2 WLR 1430, [2002] MHLR 53, [2002] ACD 46,
CitedRegina v Grant CACD 22-Nov-2001
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act.
Held: A judge of the Crown Court is obliged under the section to make a mandatory order . .
[2001] EWCA Crim 2611, [2002] MHLR 41, [2002] 1 Cr App R 38,, [2002] QB 1030, [2002] 2 WLR 1409, [2002] Crim LR 403
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
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 . .
Times 09-Jul-99, Gazette 28-Jul-99, [1999] UKHL 33, [2000] 2 AC 115, [1999] 3 All ER 400, [1999] 3 WLR 328, [1999] EMLR 689, (1999) 7 BHRC 411, (1999) 2 CHRLD 359
CitedB (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
Times 25-Feb-00, Gazette 16-Mar-00, [2000] 2 AC 428, [2000] UKHL 13, [2000] 2 WLR 452, [2000] 1 All ER 833, [2000] Crim LR 403, [2000] 2 Cr App R 65
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Times 04-Dec-01, Gazette 17-Jan-02, [2001] UKHL 62, [2001] 3 WLR 1562, [2002] 2 AC 69, [2002] 1 All ER 257, [2002] HRLR 9, [2002] BPIR 370, [2002] 1 Cr App R 36, [2002] UKHRR 169
CitedRegina v Grant CACD 22-Nov-2001
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act.
Held: A judge of the Crown Court is obliged under the section to make a mandatory order . .
[2001] EWCA Crim 2611, [2002] MHLR 41, [2002] 1 Cr App R 38,, [2002] QB 1030, [2002] 2 WLR 1409, [2002] Crim LR 403
CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Times 06-Jul-01, Gazette 31-Aug-01, [2001] 3 WLR 206, [2001] UKHL 37, [2002] 2 AC 545, [2002] 1 All ER 2, [2001] HRLR 55, [2001] 2 Cr App R 28, [2001] UKHRR 1074, [2001] 3 All ER 577

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.271102