Hospital order cases

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
R v Marshall [2015] EWCA Crim 474, [2015] MHLO 32 — "On 12th March 2014 in the Crown Court at Newcastle upon Tyne the appellant pleaded guilty to an offence of violent disorder, contrary to section 2(1) of the Public Order Act 1986. On 12th August 2014 he was made subject to a hospital order, pursuant to section 37 of the Mental Health Act 1983, and a Football Banning Order for six years. With the leave of the single judge he appeals against sentence on the ground that a suspended sentence of imprisonment should have been imposed, not a hospital order. ... Having reviewed the updated psychiatric report, we are satisfied that the conditions for a hospital order under section 37 continue to be met, and it remains the most suitable disposal." 2015‑03‑31 22:41:36 2015 cases, Hospital order cases, Judgment available on Bailii, No summary, Transcript

Peter Kiernan v Harrow Crown Court [2003] EWCA Crim 1052 — Hospital order quashed. [Summary required.] 2009‑06‑14 20:36:58 2003 cases, Hospital order cases, No summary, Transcript

R (Kenneally) v Snaresbrook Crown Court [2001] EWHC 968 (Admin) — The hospital and restriction orders made under s51 were quashed (ultra vires). 2009‑04‑19 15:54:09 2001 cases, Hospital order cases, No summary, Transcript

R v Preston [2003] EWCA Crim 2086The 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, Brief summary, Hospital order cases, Transcript

R v Rogerson [2004] EWCA Crim 2099Although it was lawful to pass sentences of imprisonment and a hospital order under s37 at the same time, it was a matter of obvious impracticability for them both to be simultaneously carried out; the sentences of imprisonment were inappropriate and therefore quashed. 2009‑01‑17 23:39:13 2004 cases, Brief summary, Hospital order cases, Transcript

R (DB) v Nottingham Healthcare NHS Trust [2008] EWCA Civ 1354A hospital order under s37 ceases to have effect if the offender is not admitted to the named hospital within 28 days; unless the offender is to be immediately conveyed from court to hospital, the "place of safety" power in s37(4) must be expressly exercised. 2008‑12‑03 13:16:27 2008 cases, Detailed summary, Hospital order cases, Transcript

X v An NHS Trust [2008] EWHC 986 (Admin) — Section 37. 2008‑09‑13 07:47:30 2008 cases, Hospital order cases, No summary, Transcript

R (Bartram) v Southend Magistrates Court [2004] EWHC 2691 (Admin) — Section 37. 2008‑09‑12 17:38:36 2004 cases, Hospital order cases, No summary, Transcript

R v Francis [2008] NICA 6Both hospital orders to which the claimant was subject were quashed, on the basis that when sentenced he had not been suffering from severe mental impairment as defined in the Mental Health (Northern Ireland) Order 1986. 2008‑02‑23 00:38:37 2008 cases, Brief summary, Hospital order cases, Northern Irish cases, Transcript