2003
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Cases Reported |
| R (KB, MK, JR, GM, LB, PD and TB) v Mental Health Review Tribunal and Secretary of State for Health | 1 |
| Issue: Whether delays in Mental Health Review Tribunals breached Art 5(4) European Convention | |
| R (B) v Mental Health Review Tribunal and Home Secretary | 19 |
| Issue: Whether a delay in a Mental Health Review Tribunal hearing breached Art 5(4) European Convention; whether a decision to adjourn was in breach of natural justice. | |
| R (KB, MK, JR, GM, LB, PD, TB and B) v Mental Health Review Tribunal and Secretary of State for Health | 28 |
| Issue: Whether breaches of Art 5(4) required financial compensation and, if so, the appropriate quantum. | |
| R (RA) v Home Secretary | 54 |
| Issue: The duties of the Home Secretary to consider the granting of leave to a restricted patient granted a deferred conditional discharge. | |
| R (S) v Airedale NHS Trust | 63 |
| Issue: The lawfulness of the seclusion of patients in non-secure hospitals. | |
| R (M) v 1. Nottinghamshire Healthcare NHS Trust, 2. Home Secretary, 3. Governor HMP Full Sutton | 88 |
| Issue: Whether a decision to return a transferred prisoner to prison was fair and/or reasonable. | |
| R (M) v Nottinghamshire Health Care NHS Trust, 2. Home Secretary, 3. Governor HMP Full Sutton | 101 |
| Issue: Whether a decision to return a transferred prisoner to prison was fair and/or reasonable. | |
| Cook v Bradford Community Health NHS Trust | 111 |
| Issue: Whether a hospital was negligent in failing to protect a care assistant from a patient who was in seclusion. | |
| R (S) v Home Secretary and Parole Board | 114 |
| Issue: Whether a decision to recall a prisoner who had been released on licence but who was detained under s3 Mental Health Act 1983 was lawful. | |
| R (S) v Mental Health Review Tribunal | 118 |
| Issue: Whether the role of the Medical Member of the Tribunal breaches Art 5(4) European Convention. | |
| Benjamin and Wilson v UK | 124 |
| Issue: Whether the arrangements for the release of life sentence prisoners transferred to psychiatric hospital breached Art 5(4) European Convention. | |
| Nowicka v Poland | 130 |
| Issue: Whether the detention of the applicant to secure a psychiatric examination was in breach of Art 5.1 European Convention; whether restrictions on family visits breached Art 8. | |
| R (N) v Dr M, A Health Authority and Dr O (Administrative Court) | 138 |
| Issue: Whether a patient detained under the Mental Health Act 1983 should be medicated against her wishes; the process to be followed by the court. | |
| R (N) v Dr M, A Health Authority and Dr O (Court of Appeal) | 157 |
| Issue: Whether a patient detained under the Mental Health Act 1983 should be medicated against her wishes; the process to be followed by the court. | |
| Martin Masterman-Lister v (1) Brutton & Co and (2) Jewell & Home Counties Dairies | 166 |
| Issue: Whether the claimant was a patient within the Mental Health Act in relation to his capacity to manage his affairs. | |
| R v Kearney | 183 |
| Issue: Whether a restriction order was appropriate on the facts. | |
| Ole Wall v Sweden | 186 |
| Issue: Whether the detention of an alcoholic for compulsory care was in breach of Art 5 European Convention | |
| R (D) v Home Secretary | 193 |
| Issue: Whether the statutory scheme relating to the release of discretionary life prisoners who had been transferred to hospital was incompatible with Art 5 European Convention. | |
| R (Home Secretary) v Mental Health Review Tribunal | 202 |
| Issue: The lawfulness of a discharge from hospital on condition that a patient not leave a hostel without an escort. | |
| R v H | 209 |
| Issue: Whether the procedure for determining whether a defendant found not fit to stand trial committed the actus reus of the offence was compatible with Art 6 European Convention. | |
| Paul Phillips v UK | 215 |
| Issue: Whether to endorse a friendly settlement for delay in implementing a Tribunal decision to conditionally discharge a restricted patient. | |
| R (B) v Mental Health Review Tribunal | 218 |
| Issue: Whether the Tribunal could defer the discharge of a patient whose discharge had been ordered following a barred nearest relative application. | |
| R v Geoffrey Lane | 220 |
| Issue: Whether a hospital order should be imposed in light of fresh evidence as to the mental state of the offender at the time of sentencing | |
| R (K) v Dr H, South West London and St George’s Mental Health NHS Trust, and the Second Opinion Appointed Doctor | 223 |
| Issue: Whether proceedings should be allowed to continue which raised the lawfulness of ECT when the plan to administer it had been lifted on the facts | |
| Reid v UK | 226 |
| Issue: Whether the continued detention of a patient suffering from psychopathic disorder on the grounds of public safety, whereas initial detention required that the disorder be treatable, was a breach of Art 5 European Convention; whether the proceedings were conducted speedily. | |
| R (T) v Home Secretary | 239 |
| Issue: Whether it was proper to impose a restriction direction under s49 Mental Health Act 1983 on a prisoner transferred from prison to hospital under s47 of the Act | |
| Barbara Francis v UK | 245 |
| Issue: Whether the procedural obligations of Art 2 were breached in the circumstances; whether a decision to hold a disciplinary hearing into a psychiatrist in private breached the Art 6 rights of the complainant. | |
| R (B) v Ashworth Hospital Authority | 250 |
| Issue: Whether a patient detained under the classification of mental illness could be treated on a ward for those suffering from personality disorder. | |
| R (S) v Home Secretary | 264 |
| Issue: Whether a recalled prisoner who was detained under s3 Mental Health Act 1983 was “unlawfully at large” until returned to prison for the purposes of sentence calculation. | |
| Dalton v Latham and Others | 271 |
| Issue: Whether relief from forfeiture should be allowed when the killer suffered from a mental disorder. | |
| R v Drew | 282 |
| Issue: Whether the imposition of an automatic life sentence for a second serious offence breached the European Convention in relation to an offender who qualified for a hospital order | |
| Antoine v UK | 292 |
| Issue: Whether there was a breach of A’s rights under Art 6 European Convention in the conduct of proceedings under the Criminal Procedure (Insanity) Act 1964; whether his ongoing detention breached Arts 3, 5 or 6. | |
| R (X) v Mental Health Review Tribunal | 299 |
| Issue: Whether a Tribunal should have adjourned for further information at the conclusion of the evidence and submissions; requirements for a fair hearing. | |
| R v Mohammed Latif | 305 |
| Issue: Whether an admission order was appropriate on the evidence; the proper route of appeal. | |
| R v Terry James Fairley | 310 |
| Issue: The correct approach where a Crown Court judge had made a hospital order following a finding that a defendant was unfit to stand trial but had committed the actus reus alleged. | |
| R v Wayne Martin (AG’s Reference No 71 of 2002) | 312 |
| Issue: The correct sentence for a sex offender who was a paedophile with a personality disorder, but for whom no hospital place was available | |
| R (KW) v Avon and Wiltshire Mental Health Partnership NHS Trust and Bristol City Council | 315 |
| Issue: Whether a Tribunal decision was adequately reasoned and whether it had followed a fair procedure in rejecting the evidence of the treating psychiatrist. | |
| R (T-T) v Central and North West London Mental Health NHS Trust (Administrative Court) | 321 |
| Issue: Whether a panel of 3 hospital managers can discharge a patient by majority | |
| R (T-T) v Central and North West London Mental Health NHS Trust (Court of Appeal) | 326 |
| Issue: Whether a panel of 3 hospital managers can discharge a patient by majority | |
| R v Dietschmann | 333 |
| Issue: The correct direction to be given to a jury where a defendant who raises the defence of diminished responsibility was both intoxicated and suffering from an abnormality of mind at the time of the killing. | |
| Grey v UK | 343 |
| Issue: Whether Art 5 was breached when a Tribunal decision to absolutely discharge a restricted patient was was quashed by judicial review and a further Tribunal upheld detention several months later. | |
| R (M) v Secretary of State for Health | 348 |
| Issue: Whether a declaration of incompatibility should be granted in relation to the inability of a patient to change her nearest relative | |
| R (Mersey Care NHS Trust) v Mental Health Review Tribunal | 354 |
| Issue: Whether the RMO may question witnesses and make closing submissions at a tribunal hearing; whether the tribunal’s decision to discharge the patient was rational and adequately reasoned. | |
| R (Munjaz) v Mersey Care NHS Trust; R (S) v Airedale NHS Trust | 362 |
| Issue: Whether a hospital policy on seclusion that departed from the Code of Practice to the Mental Health Act 1983 was lawful; whether the decision to seclude a detained patient was lawful; the status of the Code of Practice; whether issue estoppel applied in judicial review proceedings; whether the tort of false imprisonment was available where there had been unlawful seclusion of a detained patient. | |
| MP v Nottinghamshire Healthcare NHS Trust | 381 |
| Issue: Whether a Tribunal can direct the transfer of restricted patients to conditions of lesser security (including as part of a deferred conditional discharge); if not, whether Art 5 European Convention is breached. | |
| Ward v Commissioner of Police of the Metropolis and another | 389 |
| Issue: Whether a warrant issued under s135 Mental Health Act 1983 was valid | |
| R (A) v Harrow Crown Court | 393 |
| Issue: Whether an order made by a Crown Court under ss37 and 41 Mental Health Act 1983 in respect of an accused found unfit to plead was unlawful and infringed his rights under Art 5 European Convention | |
| R (Bitcon) v (1) West Allerdale Magistrates Court (2) Eden Valley Primary Care Trust | 399 |
| Issue: Whether an order made under s35 Mental Health Act 1983 to remand an accused to hospital for reports on his mental condition was ultra vires; whether a health authority refusal to provide funding for the placement under s35 was lawful | |
| R v Rosario Rosso | 404 |
| Issue: Whether police officers required a warrant under s135 Mental Health Act 1983 to enter a room in a hotel to take and convey to hospital a person who was the subject of an application for admission under s2 of the 1983 Act; whether a Restriction Order without limit of time was appropriate | |
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