The claimant complained of his recall to hospital. He had in 1991 been foundf not guilty of murder by reason of his insanity, and had been detained in a secure hospital, but then released conditionally. He said the recall on medical grounds was improper where the condition now complained of was not that under which he had originally been admitted.
Held: It was not necessary to show that the defendant suffered the same condition. He had been recalled where ther had been perceived to be a potentially very serious and imminent risk to others. A further medical report then said no mental ill health could be found though there was some psycopathy, and he complained at his continued detention. Ashworth said a patient could only be treated compulsorily for the mental disorder for which he had been detained. Having been detained under the insanity procedure there was no mechanism for establishing just what mental condition required his detention. With no classification of the disorder for which he was detained, the case failed.
Judges:
Lord Justice Keene Lord Justice Brooke Lord Justice Parker
Citations:
[2005] EWCA Civ 2, [2006] 1 WLR 88
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Distinguished – B, Regina (on the Application of) v Ashworth Hospital Authority CA 15-Apr-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 22 November 2022; Ref: scu.221719