2018

Cases Reported

Atudorei v Romania	1
Issue: Whether placement of a young adult in a psychiatric hospital and treatment on the basis of parental consent breached Arts 5(1) and 8 ECHR; whether other complaints needed to be ruled on; whether the use of Clozapine breached Art 3.

Hiller v Austria	21
Issue: Whether the suicide of a patient in a psychiatric hospital revealed a breach of Art 2 ECHR.

R v Hamberger	33
Issue: Whether a trial was fair even though the defendant was unable to attend for health reasons; the ambit of the hearsay provisions of the Criminal Justice Act 2003 and the special measures provisions of the Youth and Criminal Evidence Act 1999, and their relationship with the requirement that the defendant give oral evidence and be subject to cross-examination.

A–MV v Finland	40
Issue: Whether preventing a man with intellectual disabilities from living where he wished breach Art 8 ECHR and/or Art 2 of Protocol 4.

Fernandes de Oliveira v Portugal	54
Issue: Whether the suicide of a patient in a psychiatric hospital revealed a breach of the substantive aspect of Art 2 ECHR; whether the length of domestic proceedings relating to the death revealed a breach of the procedural aspect of Art 2.

R v HAH	67
Issue: Whether a life sentence should be replaced by orders under ss37/41 Mental Health Act 1983

VK v Russia	75
Issue: Whether detention in a psychiatric hospital under a court order breached Art 5(1)(e) ECHR when the court-appointed lawyer representing the person affected had agreed that detention was reasonable.

Aline Loake v Crown Prosecution Service	81
Issue: Whether the defence of insanity was available to a charge of harassment, for which the mens rea has an objective limb.

R ((1) Silviu Mitocariu (2) Costica Lazarel) v Central and North West London NHS Foundation Trust	89
Issue: Whether there was a power and/or duty to make payments to patients detained under the Mental Health Act 1983 to allow them to make purchases of basic items.

Christopher James Miller v DPP	96
Issue: Whether evidence of a failure by a man with learning difficulties and autism to provide a specimen of blood for a suspected drug-driving charge should have been excluded in light of the failure to call an appropriate adult to the police station.

Jasmin Djaba and (1) West London Mental Health Trust (2) Secretary of State for Justice	104
Issue: Whether permission to appeal should be granted on the question of whether the Tribunal hearing the case of a restricted patient should consider proportionality arguments resting on arts 5 and 8 ECHR or simply apply the statutory criteria in ss72/73 Mental Health Act 1983.

R v Edwards, R v Knapper, R v Payne, R v Langley	105
Issue: Whether indeterminate sentences, some combined with an order under s45A Mental Health Act 1983, should be replaced by orders under ss37/41 of the 1983 Act; the approach to adopt.

Christopher John Thompson v R; Tajsham Cummings v R; Oscar Fitzgerald v R; Richard Ford v R	123
Issue: The impact of the requirement that the Court of Appeal not deal with the offender more severely when considering an appeal against sentence.

Claes v Belgium	138
Issue: Whether the extended detention in prison of a person with mental disabilities breached Art 3 ECHR.

Shchiborshch and Kuzmina v Russia	145
Issue: Whether the death of a man during a police operation to detain him in order to transport him to hospital breached Art 2 ECHR; whether the investigation breached Art 2; whether the treatment breached Art 3 on the part of the deceased and/or his parents; whether there had been an adequate remedy for the purposes of Art 13.

Mifobova v Russia	182
Issue: Whether detention in a psychiatric hospital breached Art 5(1) ECHR in light of the procedures followed.

Tatar v Switzerland	192
Issue: Whether deporting a man with an enduring mental illness would breach Arts 2, 3 or 8 ECHR.

Ilievska v The Former Yugoslav Republic of Macedonia	200
Issue: Whether treatment during the transfer of a person to a psychiatric clinic breached Art 3 ECHR.

Bataliny v Russia	210
Issue: Whether detention in a psychiatric hospital breached Arts 5(1) and (4) ECHR; whether forced treatment for research purposes breached Art 3; whether there was a breach of Art 3 from an alleged beating and/or an inadequate investigation into it.

Berland v France	226
Issue: Whether the imposition of preventive detention on a person found not responsible for a homicide on the basis of insanity breached Art 7 ECHR.

Kuttner v Austria	236
Issue: Whether proceedings seeking release from a psychiatric institution, which would have led to a transfer to prison, were covered by Art 5(4) ECHR; if so, whether they were adequately speedy.

Rooman v Belgium	250
Issue: Whether ongoing preventive detention without treatment breached Arts 3 and/or 5(1) ECHR.

Tekin and Arslan v Belgium	266
Issue: Whether the death of a prisoner with a psychiatric condition during restraint breached Art 2 ECHR.

Boukrourou and Others v France	276
Issue: Whether the death of a person with mental health problems who was restrained by police breached Arts 2 and/or 3 ECHR.

N v Romania	288
Issue: Whether ongoing detention in a psychiatric hospital breached Arts 5(1) and (4) ECHR in light of the evidence as to the nature of the disorder and the procedures followed.

M v ABM University Health Board	310
Issue: Whether a Tribunal erred in finding it proportionate to direct that evidence of covert medication be withheld from a detained patient without capacity to conduct Tribunal proceedings

Simon Taj v R	325
Issue: Whether ongoing detention in a psychiatric hospital breached Arts 5(1) and (4) ECHR in light of the evidence as to the nature of the disorder and the procedures followed.

VS v St Andrew’s Healthcare	337
Issue: Whether a genuine but mistaken view of the facts resulting from paranoia contributed to by recent intoxication precluded reliance on self-defence because it was “attributable” to voluntary intoxication even if the defendant was not intoxicated at the time.