View source for Jones v Isleworth Crown Court (2005) EWHC 662 (Admin)

''Although the offender had not caused serious harm in the past, and the medical evidence did not recommend a restriction order, the judge was right to impose restrictions on the admission order under Schedule 1 [[Criminal Procedure (Insanity and Unfitness to Plead) Act 1991]] on the basis that there was a risk of serious harm to the public, because of the history of paranoid schizophrenia with violent command auditory hallucinations and an escalation of violent offending.''

==Notes==
The [[Domestic Violence Crime and Victims Act 2004]] amended the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. One change was to replace admission orders (and restrictions) under the 1991 Act with a power to make hospital orders under s37 Mental Health Act 1983 (and restriction orders under [[s41]]). Para 91 of the explanatory notes to the 2004 Act state: "The two principal differences under the new system will be that the Secretary of State no longer has a role in deciding whether or not the defendant is admitted to hospital and that a court can no longer order the defendant's admission to a psychiatric hospital without any medical evidence." Whether to impose a restriction order is still purely the judge's decision.

==Other==
2 March 2005

Before: Maurice Kay LJ, Moses J

MR S Reid (instructed by T Cryan & Co) appeared on behalf of the Claimant
MR J Cartwright (instructed by the Crown Prosecution Solicitors) appeared on behalf of the Defendant

==External link==
{{#bailii:[2005] EWHC 662 (Admin)}}


[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2005 cases]]
[[Category:Restriction order cases]]