2014-Update-on-Mental-Health-Law2
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Transcript 2014-Update-on-Mental-Health-Law2
Richard English
Barrister – Lincoln House Chambers
Mental Health Lawyers Association
4 June 2014
Plan
an overview of Part III, Mental Health Act
a look at the operation of s45A, 47/48 & 49
consideration of lifer/IPP detainees
MAPPA
S17 leave
Questions
Part III Mental Health Act 1983
s35 – remand for reports
Crown Court of MC
evidence from s12 doctor who suspects D suffers from a mental disorder
impractical to obtain report on bail
bed within seven days
Part III Mental Health Act 1983
S36 – remand for treatment
two doctors, one s12
D suffers from a mental disorder
treatment available
bed within seven days
Part III Mental Health Act 1983
S37 – Hospital Orders and Guardianship
R-v-Birch 1989 11 Cr App R (S) 202
is detention appropriate, as opposed to a community order
is the court satisfied that D suffers from mental disorder which is of a nature and
degree which means appropriate to be detained, if in doubt, consider an interim
order
is treatment available,
is it the most suitable disposal
Part III Mental Health Act 1983
S38 – Interim order
Post conviction
First order – 12 weeks, 28 days thereafter, up to 12 months
No discharge, no leave, no tribunal
Part III Mental Health Act 1983
S39 – request for information
Interim order, hospital order or s45A
Child offenders where court is considering a s35 or s36 remand
“Where a court is minded to make a hospital order or interim hospital order in respect of
any person it may request the Primary Care Trust or Local Health Board for the area in which
that person resides or last resided … ,to furnish the court with such information as [above]
have or can reasonably obtain with respect to the hospital or hospitals (if any) in their area
or elsewhere at which arrangements could be made for the admission of that person in
pursuance of the order, and [they shall] comply with any such request”.
Part III Mental Health Act 1983
s41 – restriction
s42 – Powers of the SoSJ
s45A – Hospital and limitation direction
Sections 47, 48 and 49 – transfers and restrictions
Decision making under the relevant disposals
Decision on release
Criteria for release
Can it lapse?
Can it be discharged
absolutely?
Indeterminate prison
Unrestricted hospital order Restricted hospital order
Determinate prison sentence
Clinical
Release date
Parole Board
Automatic
Risk
SofS or tribunal
Mental state and consequent Mental state and consequent
sentence
risk
risk
Yes
No
Yes
No
Yes
Yes
Yes
No
Guidance for courts, MoJ March 2007
s45A
R-v-Ruby
[2013] EWCA Crim 1653
R-v-Quirk
[2014] EWCA 1052
R-v-Fox
[2011] EWCA Crim 3299
s47/49 detainees
R-v-SoS for Justice and the Parole Board ex parte LV
[2014] EWHC 1495 Admin
15 May 2014
R-v-Larkin ex parte W
[2012] EWHC 556 Admin
IPP/Lifer
R-v-Colborne
[2014] EWCA Crim 286
R-v-Petrolini
[2012] EWCA Crim 2055
R-v-Fletcher
[2012] EWCA Crim 1550 and 2777
R-v-Channer
[2012] EWCA Crim 1667
R-v-Teasdale
[2012] EWCA Crim 2071
R-v-Beeby
[2012] EWCA Crim 2636
R-v-Logan
[2012] EWCA Crim 2542
R-v-Evans
[2013] EWCA Crim 1193
MAPPA (1)
Categories
1 Those required to sign the register (notification)
2 Murder and schedule 15 CJA 2003
3 Other dangerous offenders
Risk
Level 1 Ordinary risk management
Level 2 Active multi agency management
Level 3 Active enhanced multi agency management
MAPPA (2)
No statutory duty to disclose information
Medical confidentiality applies unless there is a risk of serious harm
Share basic information only
Working with MAPPA : guidance for psychiatrists in England and Wales
s17 leave
S41 (3) (c) (i)
requires responsible clinician to obtain consent
Mental Health Casework Section Guidance - Section 17 leave
Questions..?
Richard English
Lincoln House Chambers
18 – 22 Bridge Street
MANCHESTER
M3 3BZ
0161 832 5701
07961 962 577
[email protected]