2020
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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| Issue: Whether the Tribunal had properly not allowed an application to reinstate a withdrawn application.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. | |
| R v Roberts | 117 |
| Issue: Whether there were arguable grounds to appeal a finding made under s4A Criminal Procedure (Insanity) Act 1964; the proper procedures for such appeals and those relating to findings of unfitness under s4. | |
| R v AD | 125 |
| Issue: The propriety of a restraining order under s5 Protection from Harassment Act 1997 covering “any child under 16” made in relation to an offender subject to an extended sentence and an order under s45A Mental Health Act 1983; whether an extended sentence was needed; whether a Criminal Behaviour Order could be made in place of the restraining order. | |
| In the Matter of D (A Child) | 135 |
| Issue: Whether parental responsibility allowed consent to what would otherwise be a deprivation of liberty for a 16-17-year old child. | |
| R v Nicholas Philip (Attorney General’s Reference under s36 Criminal Justice Act 1988) | 165 |
| Issue: Whether leave to refer should be granted in relation to a community order of 3 years with a mental health treatment order (and various ancillary orders) for sexual offending by an offender with mental disorder being treated appropriately in the community | |
| R v Aman Yuel (aka Samuel Berhe) (on a Reference by the Attorney General) | 171 |
| Issue: The proper sentence for serious sexual offending by a man with a mental disorder. | |
| SLL v (1) Priory Health Care and (2) Secretary of State for Justice | 178 |
| Issue: Whether the Tribunal had erred in its decision that a restricted patient should be granted a conditional rather than absolute discharge; the adequacy of its reasons | |
| DA v Kent and Medway NHS and Social Care Trust | 190 |
| Issue: Whether the Tribunal had been correct to proceed when the absent patient’s legal representative withdrew; the adequacy of its reasons | |
| JK v A Local Health Board | 193 |
| Issue: Whether a remand prisoner transferred to a psychiatric hospital on the basis of Autism Spectrum Disorder who was refusing to eat could be force-fed; the relationship between the Mental Capacity Act 2005, the treatment provisions of the Mental Health Act 1983 and the High Court’s inherent jurisdiction. | |
| PS v R, Dahir v R, CF v R | 203 |
| Issue: The impact of mental disorder on sentencing. | |
| SB v South London and Maudsley NHS Foundation Trust | 214 |
| Issue: The correct approach to the appointment of a legal representative under r11(7)(b) Tribunal Procedure Rules 2008 and to a request to rescind an appointment. | |
| Vasenin v Russia | 220 |
| Issue: Whether detention in prison of a man with a mental disorder breached Art 3 ECHR; whether detention in prison pending admission to a psychiatric hospital breached Art 5(1); whether trial in the absence of a defendant because he had a mental disorder breached Art 6. | |
| Nawrot v Poland | 236 |
| Issue: Whether detention under Art 5(1)(e) ECHR was lawful on the basis of a personality disorder; whether reviews had been sufficient for Art 5(4). | |
| Isayeva v Ukraine | 250 |
| Issue: Whether civil proceedings leading to compensation for pecuniary and non-pecuniary damage against a psychiatric institution for negligence in failing to protect a patient from serious injury by another patient were adequate for Art 3 ECHR; whether an offer to pay just satisfaction for a breach of Art 6 meant that proceedings should be struck out. | |
| R v Georgina Sarah Anne Louise Challen | 260 |
| Issue: Whether a conviction for murder was safe in light of further evidence as to mental disorder and coercive control by the deceased over the appellant. | |
| R v Abdul Mosaver Choudhuri | 267 |
| Issue: Whether convictions were safe in light of fresh evidence as to mental illness. | |
| Strazimiri v Albania | 278 |
| Issue: Whether conditions of detention in a prison hospital and inadequate treatment for schizophrenia breached Art 3 ECHR; whether detention in a penal setting breached Art 5(1); whether delay in hearing an appeal breached Art 5(4); whether domestic law was in breach of Art 5(5). | |
| R v Adrian Rodi | 303 |
| Issue: Whether a life sentence combined with a hybrid order under s45A Mental Health Act 1983 for manslaughter on the grounds of diminished responsibility was open to appeal. | |
| R v Nicholas John Foy | 308 |
| Issue: Whether it was in the interests of justice to admit psychiatric evidence that an appellant’s responsibility for killing was diminished when that evidence could have been obtained before the trial and differed from the evidence obtained before the trial. | |
| PM v Midlands Partnership NHS Foundation Trust | 320 |
| Issue: Whether “appropriate treatment” was available in the absence of a Second Opinion Appointed Doctor certificate in the case of a patient placed on a Community Treatment Order. | |
| R v Christopher Stredwick | 331 |
| Issue: Whether orders under ss37/41 Mental Health Act 1983 should be imposed in place of a sentence of imprisonment for public protection. | |
| (1) A Healthcare (2) B NHS Trust v CC (by his litigation friend, the Official Solicitor) | 336 |
| Issue: Whether dialysis could be given without consent to a patient detained under s3 Mental Health Act 1983; whether a contingent declaration that such treatment was lawful should be given under the Mental Capacity Act 2005. | |
| Kosenko v Russia | 345 |
| Issue: Whether detention on remand of a person with mental illness breached Art 3 ECHR; whether reasons for detention were sufficient for Art 5(3); whether delay in hearing an appeal against a detention order breached Art 5(4); whether restrictions on family visits and failure to allow attendance at a family funeral breached Art 8. | |
| Gundars Davidovs v Latvia (Dec) | 354 |
| Issue: Whether conditions in police detention breached Art 3 ECHR, including aggravation on account of the detainee’s mental health condition. | |
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