2003 cases

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Case and summary Date added Categories
— Vexatious litigant. [Summary required.] 2010‑09‑27 22:41:53 2003 cases, , ,

— [Summary required.] 2009‑11‑30 22:52:01 2003 cases, , , ,

— The justice of the case did not require the forfeiture rule to be modified. [Summary required.] 2009‑06‑14 20:44:23 2003 cases, , ,

— Clinical negligence - hourly observations were reasonable. [Summary required.] 2009‑06‑14 20:40:16 2003 cases, , ,

— Hospital order quashed. [Summary required.] 2009‑06‑14 20:36:58 2003 cases, , ,

— It was not unfair that a differently-constituted Tribunal panel were to consider the claimant's case after the original deferred conditional discharge. [Summary required.] 2009‑06‑14 20:35:36 2003 cases, , ,

— Unsuccessful challenge to the decision of the decision of the Secretary of State to permit the claimants to be interviewed by journalists but only if the interviews were conducted within earshot of officials and were tape recorded. [Summary required.] 2009‑06‑14 20:26:28 2003 cases, , ,

— Unsuccessful challenge to magistrates' revocation of s35 order. [Summary required.] 2009‑06‑14 20:23:50 2003 cases, , ,

— Unsuccessful challenge to lawfulness of s4 detention and Tribunal's decision to adjourn. [Summary required.] 2009‑06‑14 20:20:06 2003 cases, , ,

— Challenge to administration of ECT. [Summary required.] 2009‑06‑14 20:16:22 2003 cases, , ,

— Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. [Summary required] 2009‑06‑14 20:13:40 2003 cases, , ,

— Criminal law - High Court lacked jurisdiction. [Summary required] 2009‑06‑14 20:09:17 2003 cases, , ,

A Tribunal recommendation for transfer from high to medium security is an important input but is not determinative; the decision whether to use the (leave) and (transfer) powers is for the RC and hospital managers, subject to the consent of the Secretary of State; on the facts, the interference was justified and a decision not to transfer was properly open to them. 2009‑05‑11 22:35:33 2003 cases, , ,

Unsuccessful challenge, on and grounds, to RC's decision to recommend s47/49 patient's transfer back to prison and MoJ's decision to order it. 2009‑05‑11 22:10:15 2003 cases, ,

(1) The police had been entitled to force entry into a hotel room in order to detain the defendant pursuant to an application under ; no warrant under was required as they had the owners' permission and the defendant had no right to deny them entry; therefore the appeal against conviction was refused; (2) the appeal against the restriction order was also refused. 2009‑04‑11 15:50:38 2003 cases, , ,

The hospital order should not have been made as the court had no up-to-date medical evidence; the appeal was adjourned for medical reports to be obtained. 2009‑04‑11 15:33:06 2003 cases, , ,

— The principal issue in this appeal concerns the test to be applied as a matter of law in determining whether an accused is fit to plead to the charge, or charges, against him. 2009‑04‑11 15:27:27 2003 cases, , ,

— Prison sentence of 3 years increased to 8 (or 10?) years. 2009‑04‑11 15:23:15 2003 cases, , ,

— Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order. 2009‑04‑11 15:16:59 2003 cases, , ,

— does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) . 2009‑04‑11 15:15:27 2003 cases, , ,

— Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment. 2009‑04‑11 15:11:29 2003 cases, , ,

Having found the defendant unfit to plead, the court had no power to impose a hospital order or restriction order; the proper course would have been to consider an with restrictions; the orders were quashed and the case remitted to the Crown Court. [NB the law has since changed.] 2009‑04‑11 15:09:51 2003 cases, , ,

— Effect of alcohol on diminished responsibility. 2009‑04‑11 14:55:43 2003 cases, , ,

The claimant was detained for a month by a prosecutor who had no legal power to do so, had not sought a prior medical assessment, and had not specified the length of detention (furthermore, there was no legal means to challenge the detention); there therefore had been a violation of (1)(e) and compensation of €2000 was awarded. 2009‑04‑10 13:54:23 2003 cases, , , ,

The claimant's mentally-ill son had discharged himself from hospital and committed suicide; her and complaints were dismissed. 2009‑04‑10 12:41:04 2003 cases, , ,

The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach or . 2009‑04‑09 22:36:26 2003 cases, , ,

The claimant was detained under a hospital order, it having been found that he was unfit to plead but had done the act. His complaint was based on Article 6 (unable to participate effectively, no trial within reasonable time, breach of presumption of innocence), Article 3 (living under threat of further prosecution), and Article 5 (arbitrary detention). Application declared inadmissible. 2009‑04‑09 21:15:04 2003 cases, , , ,

The Secretary of State cannot lawfully certify that an immigration claim is manifestly unfounded unless the claim is bound to fail before an adjudicator; it it not enough that it is very likely to fail. All three claimants had already claimed asylum in safe European countries before claiming asylum again in the UK; the challenges to the Secretary of State's decisions were based on and/or and mental health consequences of removal. 2009‑01‑14 21:56:48 2003 cases, , , ,

(1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of (4), distinguished. 2008‑11‑27 17:32:08 2003 cases, , , , ,

— High Court exercising inherent jurisdiction to determine the best interests of mentally impaired adult. Total lack of road sense and a tendency to rush into the road without looking not seriously irresponsible conduct for purposes of mental impairment. [Caution.] 2008‑10‑15 19:11:27 2003 cases, , ,

The court order detaining the claimant under s37/41 MHA 1983 following a finding of unfitness to plead was irregular (as ultra vires s5 CPIA 1964 as then enacted) and was quashed; however, the detention was in accordance with a procedure prescribed by law and was not arbitrary, so there was no breach of Article 5. 2008‑09‑22 06:13:47 2003 cases, , ,

— After-care. 2008‑09‑13 06:29:19 2003 cases, , ,

Home Office policy of always making restriction direction except in specified circumstances was lawful and applied lawfully in the claimant's case; no legitimate expectation arose from a civil servant's erroneous statement of the law. 2008‑09‑12 17:43:04 2003 cases, , ,

— Technical lifer status. 2008‑09‑12 16:50:56 2003 cases, , ,

— Adjournment. 2008‑09‑12 16:31:59 2003 cases, , ,

— Tribunal powers with respect to restricted patients. 2008‑09‑12 16:28:37 2003 cases, , ,

It is lawful to defer discharge in dangerous criterion cases where the deferral is relevant to considerations of dangerousness 2007‑09‑16 11:59:57 2003 cases, , ,

Implied power for magistrate to impose 'any condition which can sensibly relate to the execution of a warrant in a way which protects the interests of the person liable to be removed whilst furthering the object of the grant of the warrant'. The conditions were not followed so the removal and detention was unlawful.

Overturned by House of Lords:

2007‑02‑07 21:08:24 2003 cases, , ,

A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case. 2007‑02‑07 20:58:29 2003 cases, , ,

— Detention and Article 5. [Summary required.] 2007‑02‑07 20:31:19 2003 cases, , , ,

Cannot treat for non-classified disorders. (Overturned on appeal.) 2007‑02‑06 18:32:32 2003 cases, , ,

Unsuccessful reasons challenge; RMO can represent Trust, as well as appear as witness, if he notifies MHRT at outset. (rough summary) 2007‑02‑06 18:30:08 2003 cases, , , ,

Damages hearing following KB and B delay cases 2007‑02‑06 18:28:06 2003 cases, , ,

Tribunal satisfied disorder of a nature although not degree; did not separately consider necessity test. Misdirection re nature/degree so decision to discharge quashed 2007‑02‑06 18:24:46 2003 cases, , ,

No reasons given for rejecting RMO's evidence; Tribunal gave no indication during hearing of Tribunal doctor's provisional opinion. Decision quashed. 2007‑02‑06 18:21:04 2003 cases, , ,

The ECHR does not require joint MHRT/Parole Board hearings; the need for consecutive hearings does not breach Article 5(4). 2007‑01‑28 16:17:40 2003 cases, , ,

— Departure from Code of Practice. 2006‑04‑16 11:34:52 2003 cases, , ,

No appearance of bias just becuase MHRT medical member was employed by same Trust as detained the patient. 2006‑04‑16 11:30:50 2003 cases, , ,

An ASW may not lawfully apply for the admission of a patient whose discharge has been ordered by the decision of a mental health review tribunal of which the ASW is aware unless the ASW has formed the reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal. 2006‑04‑16 11:27:28 2003 cases, , ,

— Challenge to compulsory treatment. 2006‑04‑16 11:06:30 2003 cases, , ,

Panel of three hospital managers must be unanimous in order to discharge patient. 2006‑04‑16 10:59:55 2003 cases, , ,

— Sections 26 and 29 incompatible with Article 8. 2006‑04‑15 20:00:04 2003 cases, , ,

Article titles

The following 52 pages are in this category.