The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that can be seen as retributive or deterrent. With the exception of an absolute discharge, they are concerned with the treatment and care of the accused.’
As to the effect of the Human Rights Convention Rose LJ said: ‘The right to liberty and security is the subject of article 5. Detention after conviction is only one of the cases in which deprivation of liberty is permitted by article 5.5(1). In the present connection, the other relevant paragraph of article 5(1) is (e): the lawful detention of persons of unsound mind. The protection of persons detained on the ground that they are of unsound mind is contained in article 5(4).’
Judges:
Rose LJ
Citations:
[2001] EWCA Crim 2024, [2001] MHLR 177, [2002] 1 Cr App R 25, [2002] 1 WLR 824, [2002] Crim LR 57
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others CA 25-Jul-2008
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence.
Held: Parliament had a legitimate concern for the protection of the public, and . .
Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.
Crime, Health
Updated: 13 June 2022; Ref: scu.201598