An application for the discharge of a mental patient under section 72, was to be based on the same criteria as would found the original decision to authorise detention under section 3. The criteria would mirror each other save that the burden of proof was reversed. It was correct to take account of the possibility of a relapse if a patient ceased to take medication.
Cited – Regina v Drew HL 8-May-2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.85374