2023
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Cases Reported |
| Sy v Italy (Note) | 1 |
| Issue: Whether failure to place a detainee with mental health needs in a therapeutic setting even after court orders breached Arts 3, 5(1), 6 and 13 ECHR; whether 35 days to transfer him to a suitable setting after the Court made an order under r39 Rules of Court breached Art 34. | |
| Peter Tredget v R | 3 |
| Issue: WWhether convictions for multiple arson and manslaughter charges to which the appellant confessed and pleaded guilty were safe in light of further evidence, including as to his vulnerability and suggestibility; the approach to appeals following guilty pleas. | |
| Marc Traylor and Kitanna Traylor v Kent and Medway NHS Social Care Partnership Trust | 39 |
| Issue: Whether there was a breach of a duty of care to a patient removed from a Community Treatment Order who subsequently deteriorated after not taking prescribed medication, attacked his daughter during a psychotic episode, was shot by police officers and later detained in hospital after being found Not Guilty by Reason of Insanity of attempted murder; whether there was a breach of the duty to protect the daughter under Arts 2 or 3 ECHR. | |
| Dragan Kovačević v Croatia | 62 |
| Issue: Whether the refusal to award legal costs for making a complaint before the Constitutional Court concerning divestment of legal capacity breached Art 6 ECHR. | |
| Alexander Lewis-Ranwell v (1) G4S Health Services (UK) Ltd, (2) The Chief Constable of Devon and Cornwall Police, (3) Devon Partnership NHS Trust, and (4) Devon County Council | 77 |
| Issue: Whether an action alleging negligent treatment of a man who killed 3 people but was found Not Guilty by Reason of Insanity should be struck out on account of the defence of illegality. | |
| AY v Russia | 96 |
| Issue: Whether Art 5(1)(e) ECHR was breached when the person detained in a psychiatric setting was not present at the relevant court hearing but was represented by family members and a lawyer. | |
| Neil Anthony Johnson v R | 98 |
| Issue: Whether pleas of guilty to various sexual offences and an offence of harassment by a man with a learning disability were equivocal and should be withdrawn. | |
| Hodžić v Croatia | 105 |
| Issue: Whether Art 6(1) ECHR applied to and was breached by proceedings in which a criminal court ordered detention in a psychiatric hospital following a finding that the applicant committed criminal acts whilst lacking mental capacity, and a civil court ruled on the modalities of detention. | |
| PW v Austria | 118 |
| Issue: Whether confinement in an institution for mentally ill offenders after attempting to resist arrest by the police breached Arts 5 and 6 ECHR and Art 14 read in conjunction with Art 5. | |
| Paul Crerand v R | 132 |
| Issue: Whether a discretionary life sentence for a serious assault should be replaced with orders under ss37/41 Mental Health Act 1983 in light of further evidence that the offender had paranoid schizophrenia at the time of his offending. | |
| R v Thomas Salmon | 138 |
| Issue: Whether a Restriction Order under s41 Mental Health Act 1983 was properly added to a Hospital Order under s37 when the index offences were of relatively low seriousness but the expert evidence supported the use of a Restriction Order. | |
| Traskunova v Russia | 142 |
| Issue: Whether the death of a participant in a trial of a new medicine for schizophrenia breached Art 2 ECHR; the requirements for such trials when persons with mental illness are involved. | |
| AK v Germany | 157 |
| Issue: Whether extended detention on the basis of risk arising from mental disorder was in breach of Art 5(1)(e) ECHR. | |
| R v Paul Richard Surrey | 159 |
| Issue: Whether a sentence of Detention for Public Protection imposed in 2007 should be replaced by orders under ss37 and 41 Mental Health Act 1983 in light of fresh evidence that the appellant had paranoid schizophrenia and other mental disorders at the time of the offending; whether that fresh evidence should be admitted and the time for appeal extended. | |
| GM, TM and MP v Republic of Moldova | 171 |
| Issue: Whether non-consensual abortions and non-consensual contraception applied to applicants with intellectual impairments detained in a psychiatric hospital who were the victims of rape by the head doctor breached Art 3 ECHR; whether the investigations were inadequate and breached the procedural obligation under Art 3; the approach to allegations of breaches of the substantive aspects of Art 3 when there was an inadequate investigation. | |
| Birmingham City Council v SR; Lancashire County Council v JTA | 195 |
| Issue: Whether Deprivations of Liberty under the Mental Capacity Act 2005 should be authorised in relation to 2 people subject to conditional discharges under the Mental Health Act 1983. | |
| A Health and Social Care Trust v Mr O and Mr R | 201 |
| Issue: Whether the inherent jurisdiction of the High Court could be used to authorise a deprivation of liberty in a community placement for restricted patients whose disorder did not warrant ongoing detention in hospital and who had capacity to consent to the arrangements in the community. | |
| Application by RO for a Writ of Habeas Corpus (by SM as Father and Next Friend) | 221 |
| Issue: Whether habeas corpus should issue in relation to a restricted patient who was found not to need detention in hospital if he could be placed in a community setting in conditions that amounted to a deprivation of liberty. | |
| R v Hannah Cobley | 224 |
| Issue: Whether fresh expert evidence from both defence and prosecution psychiatrists that a woman convicted or murdering her just-born child should have been convicted of manslaughter on the basis of diminished responsibility was admissible; the approach to such fresh evidence. | |
| In the Matter of an Application for Leave to Apply for Judicial Review by RM (by his Father and Next Friend SM); In the Matter of a Decision of a Review Tribunal Dated 16 February 2021 | 234 |
| Issue: Whether there was a sufficient link with medical treatment in hospital in the case of a restricted patient who was due to be transferred from hospital to a supervised community placement for a Tribunal to conclude that his severe mental impairment was of a nature or degree to warrant detention in hospital for medical treatment. | |
| In the Matter of an Application for Leave to Apply for Judicial Review by JR 148; In the Matter of Decisions of the Department of Health and Social Services | 242 |
| Issue: Whether leave to apply for judicial review should be granted in relation to the allegedly inadequate regulation and inspection regime for community mental health services in Northern Ireland; whether there were arguable breaches of Arts 2, 3 and 14 ECHR. | |
| R v Christopher Kitching | 251 |
| Issue: Whether a sentence of 6 years’ imprisonment for blackmail and malicious communications offences was manifestly excessive for a man with multiple previous convictions who also had significant mental health problems, including a delusional disorder and an emotionally unstable personality disorder. | |
| R v Christopher Robinson | 256 |
| Issue: Whether leave to extend time to appeal sentence should be granted for a person who had participated in a terrorist murder whose minimum term under the mandatory sentence of life imprisonment was set at 22 years with no mitigation found from significant mental health difficulties. | |
| Blackpool Borough Council v HT (A Minor, by her Children’s Guardian), CT and LT | 261 |
| Issue: Whether deprivation of liberty should be authorised of a child in the context of a dispute as to whether she needed to be detained under the Mental Health Act 1983; the role of the court in such disputes. | |
| In the Matter of an Application for Judicial Review by RM (by his Father and Next Friend SM); In the Matter of a Decision of a Review Tribunal Dated 16 February 2021 | 273 |
| Issue: Whether there was a sufficient link with medical treatment in hospital in the case of a restricted patient who was due to be transferred from hospital to a supervised community placement for a Tribunal to conclude that his severe mental impairment was of a nature or degree to warrant detention in hospital for medical treatment; the correct test in Northern Ireland and the relevance of cases relating to the statute in England and Wales. | |
| R v Alex Aziz | 282 |
| Issue: Whether a proper discount for mental illness had been given in relation to convictions for conspiracy to supply drugs. | |
| R v RP | 285 |
| Issue: Whether an extended sentence of 10 years for wounding with intent should be replaced by orders under ss37/41 Mental Health Act 1983 in light of updated medical evidence. | |
| R v Mark Richard Alexander (AG Reference, s36 Criminal Justice Act 1988) | 288 |
| Issue: Whether the minimum term of 15 years less pre-trial detention fixed for a murder committed by a person with mental disorder was unduly lenient. | |
| Hildegard Gaggl v Austria | 295 |
| Issue: Whether the failure to admit further expert evidence as to whether a defendant was not criminally responsible in light of mental disorder breached Art 6 ECHR. | |
| R v Nelson (Costs) | 308 |
| Issue: Appropriate fees for presenting an application for leave to appeal and the appeal against a sentence of imprisonment for public protection with a hospital and limitation direction under s45A Mental Health Act 1983. | |
| R v CB | 313 |
| Issue: Whether life imprisonment with a minimum term of 16 years combined with a hospital and limitation direction under s45A Mental Health Act 1983 was improper for a manslaughter and attempted murder directly linked to mental disorder. | |
| TL v Home Secretary | 321 |
| Issue: The relevance of mental disorder to Terrorism Prevention and Investigation Measures. | |
| R (Teresa Maher) v (1) First-Tier Tribunal (Mental Health), (2) Lord Chancellor and (3) Secretary of State for Justice | 326 |
| Issue: Whether the mother of the victim of someone made subject to hospital and restriction orders under ss37/41 Mental Health Act 1983 was entitled to reasons or the gist of reasons for a Tribunal decision to grant a Conditional Discharge; whether she was entitled to submit a Victim Personal Statement to the Tribunal; whether she was entitled to request a review of the decision to grant a Conditional Discharge. | |
| Restanția v Romania | 351 |
| Issue: Whether ongoing detention breached Art 5(1)(e) ECHR; whether inability to participate in proceedings relating to a disputed house sale breached Art 6. | |
| PC v Cornwall Partnership NHS Trust | 355 |
| Issue: Whether a Tribunal erred by proceeding in the absence of the patient. | |
| R v MS (AG Reference, s36 Criminal Justice Act 1988) | 358 |
| Issue: Whether an extended sentence for manslaughter by diminished responsibility was unduly lenient in light of the risk posed by the offender, who had autism spectrum disorder with an intermittent explosive disorder, such that a life sentence should be imposed. | |
| R v JW | 364 |
| Issue: Whether life imprisonment combined with an order under s45A Mental Health Act 1983 for manslaughter by reason of diminished responsibility should be replaced by orders under ss37/41 of the 1983 Act in light of the evidence, including further medical evidence; the proper finding on residual responsibility in light of expert evidence and the approach to adopt. | |
| R v Frank Sines | 373 |
| Issue: Whether a short custodial sentence for assault on an emergency worker combined with the activation of 2 suspended sentence orders was manifestly excessive; whether the judge erred in principle by not adjourning to receive an updated medical report about the defendant’s mental health. | |
| Norfolk and Suffolk NHS Foundation Trust v HJ (by her Litigation Friend, the Official Solicitor) | 376 |
| Issue: Whether in the case of a patient detained under the Mental Health Act 1983, restraint for treatment of a physical condition amounted to a further deprivation of liberty requiring authorisation under the Mental Capacity Act 2005; the impact of Arts 5 and 8 ECHR. | |
| R v Robert Paris Steward Blackmore | 384 |
| Issue: Whether an extended sentence of 7 years for arson reckless as to whether life was endangered by a defendant experiencing psychotic symptoms likely reflecting the first episode of bipolar affective disorder was wrong in principle as the test of dangerousness was not met or manifestly excessive for not taking mental disorder into account as a mitigating factor. | |
| MB v South London & Maudsley NHS Foundation Trust (Mental Health) | 390 |
| Issue: Whether the Tribunal erred in not allowing a withdrawn application to be reinstated; whether to proceed without an oral hearing. | |
| Kieran Upadrasta v Commissioner of the City of London Police | 392 |
| Issue: Whether granting leave under s139 Mental Health Act 1983 to bring civil proceedings for false imprisonment, trespass and assault was invalid because it was by a High Court Master, amounted to an abuse of process or involved other procedural failings; whether it was wrong on the merits; whether summary judgment should be granted to the Police. | |
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