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 his impending release from hospital, the respondent ordered him to be returned to prison. He absconded form the hospital in ignorance of his recall.
Held: The order for his return to prison had been made without particular regard to the hospitalization.
Judges:
Kay J
Citations:
Times 13-Nov-2002, Gazette 09-Jan-2003
Statutes:
Mental Health Act 1983 3 50(4), Criminal Justice Act 1991 39(2), Prison Act 1952 49(2)
Jurisdiction:
England and Wales
Citing:
Cited – Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department CA 4-Apr-2003
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 . .
Cited by:
Cited – Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department CA 4-Apr-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Prisons, Health
Updated: 30 May 2022; Ref: scu.178074