M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014

The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying that the Court did not have jurisdiction to make such an order.
Held: The purpose of the order was in reality to further the Crown’s case that he had capacity. The provisions in the section, however: ‘do not permit an order to be made for the purpose of obtaining evidence relevant to an issue at trial. The purpose of an order under section 35 would be to inform a court about issues relating to fitness to plead and to disposal. In so far as evidence emerges which affects the view of the psychiatrists as to an issue which arises in the trial, or in so far as something is said in detention, during assessment or not, which the Crown seek to use against him, its admissibility will be subject to section 78 of the Police and Criminal Evidence Act 1984.’

[2014] EWHC 2702 (Admin), [2015] 1 Cr App R 3, [2016] 1 WLR 1685, [2014] WLR(D) 328, [2015] Crim LR 436, (2014) 178 JP 438, [2015] MHLR 79, [2015] 4 All ER 1028
Bailii, WLRD
Senior Courts Act 1981, Mental Health Act 1983 35
England and Wales

Criminal Practice

Updated: 21 December 2021; Ref: scu.537243