Richard English
Barrister – Lincoln House Chambers
Mental Health Lawyers Association
4 June 2014
 an overview of Part III, Mental Health Act
 a look at the operation of s45A, 47/48 & 49
 consideration of lifer/IPP detainees
 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
 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
Indeterminate prison
Unrestricted hospital order Restricted hospital order
Determinate prison sentence
Release date
Parole Board
SofS or tribunal
Mental state and consequent Mental state and consequent
Guidance for courts, MoJ March 2007
 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
 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
1 Those required to sign the register (notification)
2 Murder and schedule 15 CJA 2003
3 Other dangerous offenders
Level 1 Ordinary risk management
Level 2 Active multi agency management
Level 3 Active enhanced multi agency management
 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
Richard English
Lincoln House Chambers
18 – 22 Bridge Street
M3 3BZ
0161 832 5701
07961 962 577
[email protected]

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