Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder.
Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown Court not involving a conviction were to the Queens Bench Division. The orders were not in any sense merely collateral, and a criminal trial remained a possibility.
Lord Justice Chadwick Lord Justice May Lord Justice Pill
[2003] EWCA Civ 1857, Times 23-Jan-2004, [2004] 1 WLR 1664, [2004] 1 All ER 1311
Criminal Procedures (Insanity and Unfitness to Plead) Act 1991, Supreme Court Act 1981 18(1)(a)
England and Wales
CitedRegina v H (On appeal from the Court of Appeal (Criminal Division)) HL 30-Jan-2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the . .
CitedAmand v Home Secretary and Minister of Defence of Royal Netherlands Government HL 1943
The refusal of an application for habeas corpus by a person committed to prison with a view to extradition was a decision in a ‘criminal cause or matter.’
Viscount Simon LC said said that the: ‘distinction between cases of habeas corpus in a . .
CitedDay v Grant (Note) CA 1985
(January 1985) The court must look to the underlying nature of the proceedings in which the order was made and against which an appeal was sought to see to which court an appeal lay. ‘So Lord Wright was saying that you look not at the particular . .
CitedCustoms and Excise Commissioners v City of London Magistrates’ Court QBD 2000
Access orders were sought by the Customs and Excise against banks to facilitate an investigation into the affairs of taxpayers and the issue was whether the resulting proceedings constituted ‘criminal proceedings’ within the meaning of section . .
CitedUnited States Government v Montgomery and Another HL 6-Feb-2001
An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .
Appeal fromSouth West Yorkshire Mental Health NHS Trust v Bradford Crown Court Admn 27-Mar-2003
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These lists may be incomplete.
Updated: 13 March 2021; Ref: scu.191202