Regina v Secretary of State for Home Office ex parte Gilkes: Admn 21 Jan 1999

The prisoner challenged a decision to have her transferred to a mental hospital under scetion 47.
Held: It had not been reasonable for the Secretary of State to rely on one of the two medical reports she relied on. However since if the Secretary of State had made further inquiries at the time of the decision to transfer, the decision would have been the same, that he would exercise his discretion against granting relief.

Judges:

Dyson J

Citations:

[1999] EWHC Admin 47, [1999] 1 MHLR 6

Links:

Bailii

Statutes:

Mental Health Act 1983 47

Cited by:

CitedTF, Regina (on the Application of) v Secretary of State for Justice CA 18-Dec-2008
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with . .
Lists of cited by and citing cases may be incomplete.

Health, Criminal Sentencing

Updated: 28 May 2022; Ref: scu.139311