Newsletter

2020

Cases Reported



Rooman v Belgium 1
Issue: Whether preventive detention without treatment breached Arts 3 and/or 5(1) ECHR; whether detention under Art 5(1)(e) required treatment.
 
R v Imran Hussain 53
Issue: Whether the approach to unanimous expert evidence of diminished responsibility had changed; whether such evidence should have led the judge to withdraw a charge of murder from the jury; the propriety of directions to the jury.
 
R v Michael Paul Rendell 60
Issue: Whether orders under ss37/41 Mental Health Act 1983 should be made in place of imprisonment for public protection in light of fresh medical evidence.
 
Michael Gilchrist (by his Mother and Litigation Friend Novlyn Graham) v Chief Constable of Greater Manchester Police 68
Issue: Whether various uses of force, including spraying CS gas and deploying a Taser, against a man with various mental health conditions who was undergoing an acute behavioural episode, amounted to trespass to the person and negligence.
 
Sidorova v Russia 83
Issue: Whether a police request for psychiatric information on a person writing letters of complaint to them breached Art 8 ECHR.
 
JS v South London and Maudsley NHS Foundation Trust and Secretary of State for Justice 88
Issue: Whether the Tribunal had properly not allowed an application to reinstate a withdrawn application
 
LV v UK 94
Issue: Whether a friendly settlement relating to the 2-stage process for releasing a person transferred from prison to hospital should be accepted.
 
JG v Kent and Medway NHS & Social Care Partnership Trust 95
Issue: Whether there was bias, unfairness or any other breach of natural justice when a Tribunal judge read a Court of Appeal judgment in a criminal case relating to the patient that was linked to the circumstances of detention.
 
R v Thomas Fisher 103
Issue: Whether a life sentence combined with an order under s45A Mental Health Act 1983 should be replaced with orders under ss37/41 of the 1983 Act.
 
R v Liam Jacob Turner 113
Issue: Whether the sentencing judge erred in fixing the minimum term of a defendant convicted of murder in light of psychiatric evidence supporting a partial defence of diminished responsibility.
 
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