R v Paul Martin [1998] EWCA Crim 3166

The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed.

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