The patient had been released on licence from prison. He later refused treatment for mental illness and was detained under the 1983 Act, though still on licence. His probation obtained the revocation of his licence, and he was recalled. He did not know of the revocation of his licence, but absconded from the hospital and re-arrested.
Held: The section allowed that either a licensee was detained under a court sentence or at large. For the purposes of calculating a revised licence expiry date, the time spend detained in the mental hospital counted as time spent unlawfully at large and did not count to reduce the time to be spent in prison.
Judges:
Lord Justice Rix Lord Justice Simon Brown Lord Justice Scott Baker
Citations:
[2003] EWCA Civ 426
Links:
Statutes:
Prison Act 1952 49(2), Mental Health Act 1983 3
Jurisdiction:
England and Wales
Citing:
Cited – Regina (S) v Secretary of State for the Home Department QBD 5-Nov-2002
The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon . .
Cited by:
Cited – Regina (S) v Secretary of State for the Home Department QBD 5-Nov-2002
The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon . .
Lists of cited by and citing cases may be incomplete.
Health, Prisons
Updated: 16 August 2022; Ref: scu.181398
