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Richard English Barrister – Lincoln House Chambers Mental Health Lawyers Association 4 June 2014.

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Presentation on theme: "Richard English Barrister – Lincoln House Chambers Mental Health Lawyers Association 4 June 2014."— Presentation transcript:

1 Richard English Barrister – Lincoln House Chambers Mental Health Lawyers Association 4 June 2014

2 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

3 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

4 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

5 Part III Mental Health Act 1983 S37 – Hospital Orders and Guardianship R-v-Birch 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

6 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

7 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”.

8 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

9 Decision making under the relevant disposals Unrestricted hospital orderRestricted hospital orderDeterminate prison sentence Indeterminate prison sentence Decision on releaseClinicalSofS or tribunalRelease dateParole Board Criteria for release Mental state and consequent risk AutomaticRisk Can it lapse?YesNoYesNo Can it be discharged absolutely? Yes No Guidance for courts, MoJ March 2007

10 s45A R-v-Ruby [2013] EWCA Crim 1653 R-v-Quirk [2014] EWCA 1052 R-v-Fox [2011] EWCA Crim 3299

11 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

12 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

13 MAPPA (1) Categories 1 Those required to sign the register (notification) 2 Murder and schedule 15 CJA Other dangerous offenders Risk Level 1Ordinary risk management Level 2Active multi agency management Level 3Active enhanced multi agency management

14 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

15 s17 leave S41 (3) (c) (i) requires responsible clinician to obtain consent Mental Health Casework Section Guidance - Section 17 leave

16 Questions..? Richard English Lincoln House Chambers 18 – 22 Bridge Street MANCHESTER M3 3BZ


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