2014

Cases Reported

ZH v Hungary	1
Issue: Whether conditions in detention were in breach of Art 3 ECHR in light of the disabilities of the detainee; whether there was a breach of the duty to provide reasons for detention as set out in Art 5.2

GB v SW London & St George’s MH NHS Trust and others	8
Issue: Whether natural justice was breached by the medical member expressing a concluded view on an element of the test for detention at an early stage of proceedings.

R v B	12
Issue: The impact of mental disorder on the mens rea elements of the offences of rape, common assault and criminal damage

R v Ioaannis Marinos	20
Issue: Whether Imprisonment for Public Protection should be replaced by a disposal under the Mental Health Act 1983.

C and F v Birmingham and Solihull Mental Health NHS Trust	23
Issue: Whether there was a legitimate expectation that a Tribunal would make an extra-statutory recommendation as to transfer or leave in the case of a restricted patient; whether leave or transfer had to be considered as part of the appropriate treatment test.

GA v Betsi Caowaladr University LHB	27
Issue: The relevance of a refusal to consent to treatment under a CTO to the discretionary power of discharge under s72 Mental Health Act 1983.

R (Tewodros Afework) v LB Camden	32
Issue: Whether accommodation was provided under s117 Mental Health Act 1983 or s21 National Assistance Act 1948; whether judicial review should be refused as a matter of discretion.

R (Dale Lee-Hirons) v Secretary of State for Justice	38
Issue: Whether a decision to recall a conditionally discharged patient was lawful; whether written reasons for recall are necessary at common law and under Art 5.2 ECHR.

Secretary of State for Justice v SB	46
Issue: Whether conditions imposed on a conditional discharge were unlawful because they amounted to detention.

R (Elham Modaresi) v Secretary of State for Health	51
Issue: Whether the Secretary of State acted unlawfully in declining to make a reference to the Tribunal when the Tribunal had wrongly concluded that an application was out of time.

R v Mohammed Mokshud Ahmed	58
Issue: Whether a sentence of detention for public protection should be replaced with hospital and restriction orders under ss37/41 Mental Health Act 1983 in light of further medical evidence.

R v Robert Walls	67
Issue: Whether a conviction should be quashed on the basis of fresh evidence that a defendant had been unfit to stand trial.

Plesó v Hungary	72
Issue: Whether detention in a psychiatric hospital complied with Art 5(1) ECHR; the adequacy of the expert evidence; the approach to predicted deterioration in a condition that did not involve an imminent danger.

Mihailovs v Latvia	87
Issue: Whether there was a deprivation of liberty for the purposes of Art 5(1) ECHR; whether there were adequate protections against the risk of arbitrariness; whether Art 5(4) was breached in the absence of court reviews of detention; whether Art 8 was breached as a result of the placement under guardianship.

Lashin v Russia	109
Issue: Whether the inability of the applicant to seek a court order to restore his capacity breached Art 8 ECHR; whether detention in a psychiatric hospital on the basis of a provisional court order and then with the consent of a guardian breached Art 5.

R (Zhang) v Whittington Hospital	127
Issue: Whether a decision to detain under s2 Mental Health Act 1983 was unreasonable; whether the failure to hold a managers’ hearing in light of the proximity of a Tribunal hearing was unreasonable.

R v Kelly Marie Caress	129
Issue: Whether a hospital and restriction order should be set aside in light of further medical evidence.

Aswat v UK	130
Issue: Whether the extradition of someone wanted in the USA on terrorist charges whose mental health had led to his transfer from prison to hospital in the UK risked breaching Art 3 ECHR.

R (Haroon Aswat) v Home Secretary	140
Issue: Whether the extradition of someone wanted in the USA on terrorist charges whose mental health had led to his transfer from prison to hospital in the UK risked breaching Art 3 ECHR; the approach to fresh information following a decision of the European Court of Human Rights.

R v Jordan Dixon	148
Issue: Whether an adverse inference direction from the defendant not giving evidence had been proper in light of his mental health; whether fresh evidence was admissible; whether the defendant had been able to participate in the trial; whether the minimum term fixed under an indeterminate detention sentence was too high.

R v Cameron Lee McFly	159
Issue: Whether a personality disorder provided mitigation in relation to a violent murder.

R v Parulben Patel	165
Issue: Whether there was wilful neglect for the purposes of s44 Mental Capacity Act 2005 from failing to apply CPR to an ailing patient who would not have been saved by CPR; the correct meaning of wilfulness.

Nataliya Mikhaylenko v Ukraine	169
Issue: Whether the lack of access to a court to seek a restoration of capacity breached Art 6 ECHR.

AM v West London MH NHS Trust	174
Issue: Whether permission to appeal to the Court of Appeal should be granted in relation to an Upper Tribunal decision that a Tribunal had been justified not to adjourn to seek more evidence about after-care.

R v Maxine Turbill and Gail Julie Broadway	177
Issue: Whether convictions for wilful neglect contrary to s44 Mental Capacity Act 2005 were unsafe in light of the jury being directed that “wilfulness” could be made out by gross carelessness.

AM v (1) South London & Maudsley NHS Foundation Trust and (2) The Secretary of State for Health	181
Issue: Whether a Tribunal had erred by not considering whether the DOLS regime under the Mental Capacity Act 2005 should be used in a patient’s case so as to mean that detention under the Mental Health Act 1983 was not warranted.

R v Ricardo Talarico	202
Issue: Whether a restriction order was necessary in addition to a hospital order.

R v Ian Ruby	205
Issue: Whether a sentence of detention for public protection together with a hospital direction under s45A Mental Health Act 1983 should be replaced with a hospital order and restriction order under ss37/41 of the 1983 Act.

R (Antoniou) v (1) Central And North West London NHS Foundation Trust, (2) Secretary of State for Health, (3) NHS England	212
Issue: Whether the failure to hold an independent investigation into the death of someone detained under the Mental Health Act 1983, in addition to an inquest, breached Art 2 ECHR; whether the lack of an inquiry such as occurred in relation to deaths in prison or police custody breached Art 14 together with Art 2 and/or the Equality Act 2010.

R (Pendlebury) v Secretary of State for Justice	234
Issue: Whether a decision to remit a transferred prisoner back to prison against advice by a Tribunal was lawful.

DL-H v Partnerships in Care and the Secretary of State for Justice	241
Issue: The proper approach to the test for detention when the patient was reluctant to engage in treatment; the relevance of a change in behaviour following a recall to hospital; whether the Tribunal’s reasons were adequate.

MH v UK	249
Issue: The requirements of Art 5 ECHR in relation to patients without capacity and patients detained following the barring of a nearest relative application to discharge.

Equilibrium Health Care v AK	268
Issue: Whether there was bias or the appearance of bias from the fact that the medical member of the Tribunal had reported the Responsible Clinician to the General Medical Council following a Tribunal hearing 3 years previously; whether permission to appeal should have been granted before the substantive decision had been given.

In Re JR 45	273
Issue: Whether a Tribunal had applied the right test in law relating to detention; the approach to judicial review of Tribunal decisions.

R v Jaimie Angela Evans	285
Issue: Whether a life sentence should be replaced by orders under ss37/41 Mental Health Act 1983 in light of fresh evidence.

R v Nadia Ali Yusuf	288
Issue: Whether a sentence of imprisonment for public protection should be replaced with hospital and restriction orders under ss37/41 Mental Health Act 1983 in light of further medical evidence.

R v Nicola Caroline Edgington	290
Issue: Whether the jury should have been allowed to hear evidence as to the effect of a hospital and restriction order regime in determining whether a homicide was murder or manslaughter on the basis of diminished responsibility; whether a minimum term of 37 years was proper for a murder conviction.

Webber v Information Commissioner and Nottingham NHS Trust	296
Issue: Whether a request under the Freedom of Information Act 2000 from the mother of a deceased patient for information about that patient’s time in a psychiatric hospital was properly rejected.

David Grant Juncal v UK	303
Issue: Whether detention imposed following a finding of unfitness to stand trial but without a finding that the accused committed the actus reus of the offence charged breached Art 5 ECHR.

P v UK	311
Issue: Whether it was necessary to have an inquiry into the self-harming behaviour of a personality-disordered inmate who was not transferred to a psychiatric hospital for some time; whether Arts 2, 3 and 13 ECHR were breached; whether domestic remedies had been exhausted.

R v Darren Gabriel Anderson	324
Issue: Whether a sentence of imprisonment for public protection was wrong in principle in relation to a defendant with a personality disorder.

R v AG	329
Issue: Whether a restriction order under s41 Mental Health Act 1983 was necessary.

R v Martin John Bunch	331
Issue: Whether the partial defence of diminished responsibility can be raised without supporting expert evidence.

R v Jamie Daniel Fort	334
Issue: Whether a sentence of life imprisonment should be replaced by hospital and restriction orders under ss37/41 Mental Health Act 1983; the approach to the admissibility of additional expert evidence; whether an order under s45A of the 1983 Act could be combined with an order of custody for life.

G (AP) v Scottish Ministers and the Mental Health Tribunal for Scotland	348
Issue: Whether it was appropriate not to make an order that efforts be made to find an alternative hospital for a patient who did not need to be detained in high secure conditions.

R (L) v West London Mental Health NHS Trust	361
Issue: The process to be followed before a patient is transferred from a medium secure hospital to a high secure setting.

R v Matthew Colborne	381
Issue: Whether an indeterminate sentence for public protection should be replaced by orders under ss37 and 41 Mental Health Act 1983 in light of up-to-date medical evidence.

Dunhill v Burgin	387
Issue: The test for capacity to conduct litigation when the proceedings that should have been brought were more complex than those actually brought; whether a compromise of the proceedings actually brought should be set aside.

Surrey County Council v P and Q; Cheshire West and Chester Council v P and others	394
Issue: Whether a regime to manage the treatment, care and residence of an adult lacking capacity to decide on such matters and who presented with challenging behaviour was a deprivation of liberty; whether there was a deprivation of liberty in a placement in a foster home or a small group home of young people with severe learning disabilities; the principles applicable to whether such settings amounted to a deprivation of liberty.

TW v LB Enfield	415
Issue: Whether leave should be granted to allow an action for damages for wrongful detention and psychiatric injury to proceed against a local authority whose social worker made an application for detention under the Mental Health Act 1983; the reasonable practicability test for consulting a nearest relative against the wishes of a patient.