The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
| Page and summary | Date added to site | Categories |
| Juncal v UK 32357/09 (2010) ECHR 249 — Lawfulness of detention. Statement of facts and questions to the parties lodged at court.
| 2010-03-02 | 2010 cases, Criminal law, Deprivation of liberty, No summary, Transcript |
| R v Aspinall (Paul James) (1999) MHLR 12 — The failure to follow the requirements to have an appropriate adult in the interview of a mentally disordered suspect meant that, despite his apparent lucidity in interview, it was unfair to admit it in evidence. [MHLR.]
| 2010-02-26 | 1999 cases, Criminal law, No summary, No transcript |
| Her Majesty's Advocate v S (1999) ScotHC 183 — Fitness to plead. [Summary required.]
| 2009-11-30 | 1999 cases, Criminal law, No summary, Scottish cases, Transcript |
| Kim Louise Scarsbrook or Galbraith v Her Majesty's Advocate (2001) ScotHC 45 — Diminished responsibility. [Summary required.]
| 2009-11-30 | 2001 cases, Criminal law, No summary, Scottish cases, Transcript |
| Yung v Procurator Fiscal, Edinburgh (2006) ScotHC HCJAC 70 — Appeal against against a finding acquitting the Y of three charges of assault on the ground that he was insane at the time of commission of the offences. [Summary required.]
| 2009-11-30 | 2006 cases, Criminal law, No summary, Scottish cases, Transcript |
| C v Sevenoaks Youth Court (2009) EWHC 3088 (Admin) — (1) When trying a young child, and most particularly a child such as C who is only 12 with learning and behavioural difficulties, notwithstanding the absence of any express statutory power, the Youth Court has a duty under its inherent powers and under the Criminal Procedure Rules to take such steps as are necessary to ensure that he has a fair trial, not just during the proceedings, but beforehand as he and his lawyers prepare for trial; in this case, C required an intermediary. (2) As the MoJ had voluntarily accepted responsibility for the payment of intermediaries, the LSC decision not to provide funding was lawful. (3) The CPS decision to continue with the trial was lawful.
| 2009-11-30 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Hurst (2007) EWCA Crim 3436 — The restriction order was set aside as: (1) there was insufficient evidence that it was necessary for the protection of the public from serious harm; (2) the judge did not explain why he had rejected the medical evidence, which was against the imposition of a restriction order.
| 2009-11-24 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Charisma (2009) EWCA Crim 2345 — The appellant argued that his mental condition had made it undesirable for him to have given evidence, so no direction under s35 Criminal Justice and Public Order Act 1994 (adverse inference from failure to give evidence) should have been given; he was unsuccessful.
| 2009-11-20 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Evans (2009) EWCA Crim 2243 — Unsuccessful appeal, which had been on the basis that (1) his guilty plea was based on wrong advice, and (2) memories recovered since his plea would have provided a defence based on (a) provocation or (b) diminished responsibility.
| 2009-11-16 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Singleton (2008) EWCA Crim 468 — Sentence of 5 years' imprisonment replaced by 3-year community order with residence, supervision and mental health treatment requirements.
| 2009-11-03 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Cornelius (Alan) (2002) EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal. [Summary required.]
| 2009-11-01 | 2002 cases, Criminal law, No summary, Transcript |
| R v Czarnota (Michael) (2002) EWCA Crim 785 — Restriction order quashed on appeal. [Summary required.]
| 2009-11-01 | 2002 cases, Criminal law, No summary, Transcript |
| Dillon v SSHD (2002) EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period." [Summary required.]
| 2009-10-30 | 2002 cases, Criminal law, No summary, Transcript |
| R v Ghulam (2009) EWCA Crim 2285 — Under CPIA 1964 s4 the court must not make a determination that the defendant is unfit to plead without medical evidence from two medical practitioners; however, where the medical evidence of unfitness to plead is only available from one medical practitioner, the judge is not bound to adjourn the trial but can make a determination that the defendant is fit to plead.
| 2009-10-24 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Grant (2008) EWCA Crim 1870 — Based on recently-obtained medical evidence that the appellant's significant learning disability and unfitness to plead was masked by his external demeanour and physical appearance, his conviction (and 3-year community order) was quashed and substituted with a verdict of not guilty by reason of insanity (and a 2-year supervision order).
| 2009-10-24 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Pedley, Martin and Hamadi (2009) EWCA Crim 840 — (1) Guidance on the proper construction of the 'significant risk' test created by section 225 Criminal Justice Act 2003 for passing sentences of imprisonment for public protection (IPP) or other indeterminate sentences. (2) Such sentences are Convention compliant.
| 2009-10-08 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Purdy) v DPP (2009) UKHL 45 — (1) The prohibition of assisted suicide in section 2(1) Suicide Act 1961 interfered with the claimant's Article 8(1) right to respect for private life (her personal autonomy and right to self-determination). (2) This interference - in cases of the suicide of a person who is terminally ill or severely and incurably disabled, who wishes to be helped to travel to a country where assisted suicide is lawful and who, having the capacity to take such a decision, does so freely and with a full understanding of the consequences - is not "in accordance with the law" as required by article 8(2), in the absence of an offence-specific policy by the DPP which sets out the factors that will be taken into account in deciding under s2(4) whether to prosecute. (3) Therefore the DPP was required to promulgate such an offence-specific policy.
| 2009-08-01 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v C (2009) UKHL 42 — For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.
| 2009-08-01 | 2009 cases, Brief summary, Criminal law, Other capacity cases, Transcript |
| R (TF and Thompson) v SSHD (2009) EWCA Civ 792 — (1) The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review of the necessity of the requirements, and the case is stronger in the case of young offenders. (2) The scheme where it related to foreign travel did not breach article 4 ("right of exit") of EC Council Directive 2004/38.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Khan (2009) EWCA Crim 1569 — (1) The judge had been right to refuse to withdraw the charge of murder from the jury at the close of the evidence: to do otherwise he would have to be satisfied that the evidence, both medical and factual, was such that no reasonable jury, properly directed, could conclude that the defendant had failed to prove, on a balance of probabilities, the diminished responsibility defence. (2) Although the medical evidence in favour of diminished responsibility was unchallenged, there was ample factual evidence on which the jury could conclude that it was not satisfied, on a balance of probabilities, that the defence was made out.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v G; R v J (2009) UKHL 13 — Detailed explanation of elements of, and defences to, s57 and s58 Terrorism Act 2000. It was not a "reasonable excuse" for G to possess terrorist material to wind up prison guards; he was responsible for his actions (applying M'Naghten's Case) and his schizophrenia could not make reasonable what was unreasonable.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Erskine; R v Williams (2009) EWCA Crim 1425 — The appellants argued that, although they had not advanced the defence at trial, their convictions for murder should be quashed and substituted with diminished responsibility manslaughter. (1) The question in each case was whether, in examining the mental state at the time of the killing in accordance with s2 Homicide Act 1957, evidence which was not adduced at trial should be received under s23 Criminal Appeal Act 1968. (2) The question was a simple one and citation of numerous, merely illustrative, authorities was unhelpful. (3) In Erskine there was overwhelming contemporaneous evidence for diminished responsibility, and that his decision not to advance the defence was irremediably flawed because of his illness: appeal allowed and restricted hospital order imposed. (4) In Williams, the decision not to advance the defence was tactical, and the subsequent medical evidence unconvincing: appeal dismissed.
| 2009-07-20 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (P) v Barking Youth Court (2002) EWHC 734 (Admin) — The Youth Court, in considering fitness to plead, had wrongly adopted the procedure laid down for the Crown Court; s11(1) Powers of Criminal Courts (Sentencing) Act 2000 and s37(3) Mental Health Act 1983 provide a complete statutory framework for the determination by the Magistrates' Court, itself a creature of statute, of all the issues that arise in cases of defendants who are or may be mentally ill or suffering from severe mental impairment in the context of offences which are triable summarily only; the procedure is first to determine whether P did the acts alleged against him, and if so, then to consider, in the light of such reports as they may think necessary, whether the case is one for an order under s37(3)); for these purposes a youth court is a magistrates' court.
| 2009-07-10 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Holderness (2009) EWCA Crim 1326 — The appellant argued that, due to a mental illness which she had previously concealed, she ought to have been convicted of diminished responsibility manslaughter rather than murder. This argument was rejected as (1) her appeal depended on her credibility, which had been damaged by her series of lies; (2) her excuse for concealment even up to trial - that she hoped to be let go by appearing well - was not credible; (3) she had ample opportunity to observe other patients' illnesses; (4) it was not probable that she could have concealed the delusions from the psychiatrist who saw her on the day of arrest. No jury might reasonably have found, on the balance of probabilities, that the s2 Homicide Act 1957 criteria were met. Appeal dismissed.
| 2009-07-09 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Blouet) v Bath and Wansdyke Magistrates Court (2009) EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. [Summary required.]
| 2009-06-15 | 2009 cases, Criminal law, No summary, Transcript |
| Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052 — Hospital order quashed. [Summary required.]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (Bitcon) v West Allderdale Magistrates Court (2003) EWHC 2460 (Admin) — Unsuccessful challenge to magistrates' revocation of s35 order. [Summary required.]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (S) v SSHD (2003) EWCA Civ 426 — Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. [Summary required]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (South West Yorkshire Mental Health NHS Trust) v Bradford Crown Court (2003) EWCA Civ 1857 — Criminal law - High Court lacked jurisdiction. [Summary required]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R v Hughes (2009) EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused.
| 2009-05-15 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Kenneally) v Snaresbrook Crown Court (2001) EWHC 968 (Admin) — The hospital and restriction orders made under s51 were quashed (ultra vires).
| 2009-04-19 | 2001 cases, Criminal law, No summary, Transcript |
| R v Safi (2007) EWCA Crim 1392 — Appeal against restriction order dismissed.
| 2009-04-13 | 2007 cases, Criminal law, No summary, Transcript |
| R (London Borough of Harrow) v Maidstone Crown Court (1999) EWHC Admin 385 — A Crown Court judge’s purported finding that a defendant was not guilty by reason of insanity was outside his jurisdiction and so not pursuant to the indictment, and so could be challenged by judicial review. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R v House (2007) EWCA Crim 2559 — (1) The judge was plainly right to pass the sentence of two concurrent life sentences with a s45A order; (2) a minimum term should be specified unless the punitive and retributive element required detention for life and, on the facts, a 9-year minimum term would be set.
| 2009-04-11 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Khelifi (2006) EWCA Crim 770 — (1) Although medical evidence supported a hospital order, the judge had correctly exercised his discretion instead to impose a prison sentence; there is no presumption that a hospital order will be made in these circumstances; (2) five-year sentence reduced to three and a half years.
| 2009-04-11 | 2006 cases, Brief summary, Criminal law, Transcript |
| R v Reid (2005) EWCA Crim 392 — Appeal against life sentence refused (the appellant would have preferred a restricted hospital order).
| 2009-04-11 | 2005 cases, Criminal law, No summary, Transcript |
| R v Bainton (2005) EWCA Crim 3572 — Two-year sentence quashed and substituted with same sentence suspended for two years: there were exception circumstances as the combination of physical, emotional and sexual abuse had reduced the appellant to a condition where it was difficult to resist the coercion of her husband.
| 2009-04-11 | 2005 cases, Brief summary, Criminal law, Transcript |
| R v Nafei (2004) EWCA Crim 3238 — Appeal against 12-year prison sentence for importation of drugs, in circumstances where the medical evidence supported a hospital order, was refused: the judge had properly exercised his discretion, particularly since there was no causal connection between the mental illness and the offending; the 12-year term was not excessive.
| 2009-04-11 | 2004 cases, Brief summary, Criminal law, Transcript |
| R v Borkan (2004) EWCA Crim 1642 — The judge was right not to adjourn for a psychiatric report on fitness to plead and stand trial, as he had two reports already stating that the defendant was not unfit; a jury could not determine fitness to plead or stand trial without supporting medical evidence, and on the facts there was none; appeal dismissed.
| 2009-04-11 | 2004 cases, Brief summary, Criminal law, Transcript |
| R v Rosso (Rosario) (2003) EWCA Crim 3242 — (1) The police had been entitled to force entry into a hotel room in order to detain the defendant pursuant to an application under s2; no warrant under s135 was required as they had the owners' permission and the defendant had no right to deny them entry; therefore the appeal against conviction was refused; (2) the appeal against the restriction order was also refused.
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Preston (2003) EWCA Crim 2086 — The hospital order should not have been made as the court had no up-to-date medical evidence; the appeal was adjourned for medical reports to be obtained.
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v M (John) (2003) EWCA Crim 3452 — The principal issue in this appeal concerns the test to be applied as a matter of law in determining whether an accused is fit to plead to the charge, or charges, against him.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) (2003) EWCA Crim 1824 — Prison sentence of 3 years increased to 8 (or 10?) years.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Lane (Geoffrey) (2003) EWCA Crim 382 — Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v H (2003) UKHL 1 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Frampton (2003) EWCA Crim 3649 — Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Fairley (Terry James) (2003) EWCA Crim 1625 — Having found the defendant unfit to plead, the court had no power to impose a hospital order or restriction order; the proper course would have been to consider an admission order with restrictions; the orders were quashed and the case remitted to the Crown Court. [NB the law has since changed.]
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Dietschmann (2003) UKHL 10 — Effect of alcohol on diminished responsibility.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Shepherd (Jack) (2002) EWCA Crim 1091 — Conviction quashed and substituted with an admission order with restrictions as, had the issue been raised, on the evidence the jury would have found that the defendant was unfit to plead but had done the act.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v R (2002) EWCA Crim 165 — Appeal against restriction order allowed.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Kearney (2002) EWCA Crim 2772 — Appeal against restriction order allowed.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Johnson (Frank) (2002) EWCA Crim 1900 — Conviction quashed as during trial the defendant had become unfit to plead.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Gunning (Neville) (2002) EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Goode (2002) EWCA Crim 1698 — Appeal against restriction order refused.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Williams (Royland Richard) (2001) EWCA Crim 32 — Period of suspension of five-month prison sentence varied from two years to one year.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Stevens (Theresa Mary) (2001) EWCA Crim 2888 — Eight-month prison sentence quashed and substituted with two-year community rehabilitation order with treatment requirement.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Smith (Paul Lee) (2001) EWCA Crim 743 — Seven-year sentence quashed and substituted with hospital order and restriction order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Simmonds (Mark Gordon) (2001) EWCA Crim 167 — Life sentence quashed and substituted with six-year sentence.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Skermer (Mark) (2001) EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v M (2001) EWCA Crim 2024 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Grant (2001) EWCA Crim 2611 — Having been charged with murder and found unfit to be tried, a defendant cannot rely on lack of intent and/or provocation during the exercise under s4A Criminal Procedure (Insanity) Act 1964 (finding that the defendant did the act or made the omission) as only the actus reus needs to be proved; appeal against admission order and restriction order under s5 refused.
| 2009-04-11 | 2001 cases, Brief summary, Criminal law, Transcript |
| AG's ref (no 83 of 2001) sub nom R v Fidler (Stephen David) (2001) EWCA Crim 2443 — Sentence upheld (community rehabilitation order for two years with requirements that the offender should reside where directed by the probation officer to include hospital or as an in-patient or out-patient and to take such medication as was prescribed).
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Cooper (Dean) (2001) EWCA Crim 57 — Sentence of three-and-a-half years' detention quashed and substituted with interim hospital order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Colohan (Sean Peter) (2001) EWCA Crim 1251 — The appellant's argument that his schizophrenia brought him outside the provisions of the Protection from Harassment Act 1997 was rejected.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Bunjo (Senad) (2001) EWCA Crim 1453 — Three-year prison sentence quashed and replaced with community rehabilitation order with a condition of treatment.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Budgen (Rebecca) (2001) EWCA Crim 1708 — 18-month prison sentence quashed and substituted with hospital order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Brewah (Alfred) (2001) EWCA Crim 1104 — Appeal against conviction dismissed; six-year sentence quashed and substituted with hospital order and restriction order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Blackford (Jodie) (2001) EWCA Crim 1479 — 21-month sentence for arson quashed and - having regard to the appellant's youth, her good character, her immaturity, her family, her plea and essentially her mental state - substituted with community rehabilitation order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Reynolds (Daniel Ferdinand George) (2000) EWCA Crim 3539 — Appeal against restriction order allowed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Newman (2000) EWCA Crim 2 — Mental illness could not be exceptional circumstance for purposes of section 2 of the Crime (Sentences) Act 1997 (automatic life sentence for second serious offence).
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Melbourne (Paul Anthony) (2000) EWCA Crim 3537 — Four-year sentence for breach of restraining order quashed and substituted with a hospital order and restriction order.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Jones (Michelle Louise) (2000) EWCA Crim 3538 — Appeal against restriction order allowed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Belford (Moses Edward) (2000) EWCA Crim 3536 — Sentence of 12 months' imprisonment quashed and substituted with 6-month sentence suspended for 18 months (schizophrenia being an exceptional circumstance).
| 2009-04-11 | 2000 cases, Brief summary, Criminal law, Transcript |
| R v Kamara (2000) EWCA Crim 17 — Appeal against restriction order dismissed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Crookes (1999) EWCA Crim 1065 — On an appeal against a restriction order, the progress made after sentence can be relevant to show that a restriction order, although properly imposed, should be lifted by the Court of Appeal. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R v Cox (Lee Michael) (1999) EWCA Crim 848 — The judge was able to impose a restriction order against the views of the doctors giving evidence; there was assistance as to the meaning of “serious harm” in the s31 Criminal Justice Act 1991, and so it covered serious physical or psychological injury; the risk of such harm had to be real, not fanciful or remote. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R v Disley v (1996) EWCA Crim 362 — Appeal against restriction order dismissed.
| 2009-04-11 | 1996 cases, Criminal law, No summary, Transcript |
| R v Tandy (1987) EWCA Crim 5 — Point of law: whether, for a craving for drink or drugs in itself to produce an abnormality of mind within the meaning of s2(1) of the Homicide Act 1957, the craving must be such as to render the accused's use of drink or drugs involuntary or whether it is sufficient for the defence to prove that the craving was such as to make it more difficult, than for an ordinary individual, for the accused to resist the impulse to consume alcohol or use drugs?
| 2009-04-10 | 1987 cases, Brief summary, Criminal law, Transcript |
| Drew v UK 35679/03 (2006) ECHR 1172 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2006 cases, Brief summary, Criminal law, ECHR, Transcript |
| R v Drew (2003) UKHL 25 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Drew (2001) EWCA Crim 2861 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2001 cases, Brief summary, Criminal law, Transcript |
| Antoine v UK 62960/00 (2003) ECHR 709 — The claimant was detained under a hospital order, it having been found that he was unfit to plead but had done the act. His complaint was based on Article 6 (unable to participate effectively, no trial within reasonable time, breach of presumption of innocence), Article 3 (living under threat of further prosecution), and Article 5 (arbitrary detention). Application declared inadmissible.
| 2009-04-09 | 2003 cases, Brief summary, Criminal law, ECHR, Transcript |
| R v Wood (No 2) (2009) EWCA Crim 651 — The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR]
| 2009-04-05 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Wood (No 1) (2008) EWCA Crim 1305 — In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR]
| 2009-04-05 | 2008 cases, Criminal law, Detailed summary, Transcript |
| R v Tabbakh (2009) EWCA Crim 464 — The judge was entitled to rule that it was open to the jury to draw adverse inferences from the fact that the appellant had not given evidence, and that the exception in s35(1)(b) Criminal Justice and Public Order Act 1994 (that it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence) did not apply to him even though he suffered from a mental health condition.
| 2009-03-26 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Stewart (2009) EWCA Crim 593 — Guidance on directions to the jury where the defence case was diminished responsibility based on alcohol dependency syndrome.
| 2009-03-26 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Purdy) v DPP (2009) EWCA Civ 92 — The absence of a crime-specific policy relating to assisted suicide (identifying the facts and circumstances where it will not be in the public interest to prosecute) does not make the operation and effect of section 2(1) of the Suicide Act 1961 Act unlawful nor mean that it is not in accordance with law for the purposes of Article 8(2). [Overturned on appeal.]
| 2009-02-22 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R (B) v DPP (2009) EWHC 106 (Admin) — The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational on the facts; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.
| 2009-02-02 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Rogerson (2004) EWCA Crim 2099 — Although it was lawful to pass sentences of imprisonment and a hospital order under s37 at the same time, it was a matter of obvious impracticability for them both to be simultaneously carried out; the sentences of imprisonment were inappropriate and therefore quashed.
| 2009-01-17 | 2004 cases, Brief summary, Criminal law, Transcript |
| R (Webb-Johnson) v DPP (2005) EWHC 3123 (Admin) — The District Judge had been wrong to proceed to hear the case in the absence of the claimant (who had mental health problems); the conviction was quashed and a retrial ordered
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| R (TP) v West London Youth Court (2005) EWHC 2583 (Admin) — The Youth Court judge was not satisfied on the balance of probabilities that the claimant would be unable effectively to participate in the proceedings because of his low intellectual ability, so decided not to stay the proceedings for abuse of process; the claimant's judicial review application (on standard of proof, reasons and Article 6 grounds) failed.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| Jones v Isleworth Crown Court (2005) EWHC 662 (Admin) — Although the offender had not caused serious harm in the past, and the medical evidence did not recommend a restriction order, the judge was right to impose restrictions on the admission order under Schedule 1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 on the basis that there was a risk of serious harm to the public, because of the history of paranoid schizophrenia with violent command auditory hallucinations and an escalation of violent offending.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| Hasani v Blackfriars Crown Court (2005) EWHC 3016 (Admin) — If an accused person is found to be unfit to plead under s4 Criminal Procedure (Insanity) Act 1964 but becomes fit to plead before he is dealt with under 5, the court is not required to follow the procedures in sections 4A and 5 (which would probably lead to an absolute discharge); instead, a second s4 hearing should take place and if appropriate the necessary order for arraignment made.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| R v Hendy (2006) EWCA Crim 819 — The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol (which reflected the law as then erroneously understood) was wrong in light of a later House of Lords case; obiter, fresh medical evidence relating to the diagnosis of personality disorder might reasonably have affected the decision of the jury. A retrial was not appropriate as tariff had been served; a restricted hospital order would be substituted for the life sentence.
| 2009-01-17 | 2006 cases, Brief summary, Criminal law, Transcript |
| R (F and Thompson) v SSHD (2008) EWHC 3170 (QB) — The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review in the case of young offenders; there is no entitlement to have determined the question of whether the notification requirement continues to serve a legitimate purpose.
| 2008-12-22 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Moyle (2008) EWCA Crim 3059 — Conviction for murder quashed and substituted with a conviction for manslaughter on the ground of diminished responsibility and restricted hospital order
| 2008-12-21 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v C (2008) EWCA Crim 1155 — If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]
| 2008-12-14 | 2008 cases, Brief summary, Criminal law, No transcript, Other capacity cases |
| R (Cooke) v DPP (2008) EWHC 2703 (Admin) — It would be wrong to make an ASBO against a person who by reason of mental ill health would not have the capacity to understand or comply with the order; however, the fact that a person would be likely to breach an order because he suffers from a personality disorder is not, of itself, a good reason for not making the order.
| 2008-12-10 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Warwick (2008) NICC 42 — As the Mental Health (Northern Ireland) Order 1986 does not allow detention for personality disorder, the risks in this case could only be addressed by the imposition of a discretionary life sentence (which would be followed by a transfer to Carstairs) rather than a hospital order.
| 2008-12-06 | 2008 cases, Brief summary, Criminal law, Northern Irish cases, Transcript |
| R (DB) v Nottingham Healthcare NHS Trust (2008) EWCA Civ 1354 — A hospital order under s37 ceases to have effect if the offender is not admitted to the named hospital within 28 days; unless the offender is to be immediately conveyed from court to hospital, the "place of safety" power in s37(4) must be expressly exercised.
| 2008-12-03 | 2008 cases, Criminal law, Detailed summary, Transcript |
| AG's reference (no 127 of 2006) sub nom R v H (2007) EWCA Crim 53 — The 14-year-old offender, who had an Adjustment Disorder, committed a savage murder to avoid his intended homosexual abuse of the 11-year-old victim being exposed. The judge concluded that the aggravating and mitigating features of the case cancelled each other out, and that the minimum term would remain at the starting point (for under-18 offenders) of 12 years. A minimum term of 15 years was substituted, having been reduced from 18 years due to the guilty plea.
| 2008-11-29 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (TB) v The Combined Court at Stafford (2006) EWHC 1645 (Admin) — TB was the main prosecution witness in the trial of the man who had sexually abused her. In order to undermine her credibility, the defence applied for a witness summons to obtain her psychiatric medical records. There was no procedural requirement for TB to be given notice of the application. The Crown Court issued a summons to that effect. Article 8 had been breached in that TB should have been given notice of the application and given the opportunity to make representations; it was not sufficient for the court to delegate her representation to the NHS Trust alone.
| 2008-11-29 | 2006 cases, Brief summary, Criminal law, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1667 — Disclosure of documents.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1728 — Remission back to prison under s50.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| R v B (2008) EWCA Crim 1997 — CRIME— Plea — Fitness to plead — Two among several defendants found unfit to plead — Jury yet to be empanelled — Judge finding single jury incapable in principle of hearing case against fit and unfit defendants together — Whether such conclusion correct. Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.
| 2008-09-23 | 2008 cases, Criminal law, Detailed summary, Transcript |
| R v Paul Martin (1998) EWCA Crim 3166 — The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed.
| 2008-09-22 | 1998 cases, Brief summary, Criminal law, Transcript |
| R v Antoine (1999) EWCA Crim 1171 — Post-judgment discussion.
| 2008-09-22 | 1999 cases, Criminal law, No summary, Transcript |
| R v Antoine (1999) EWCA Crim 1170 — Court of Appeal judgment.
| 2008-09-22 | 1999 cases, Criminal law, No summary, Transcript |
| R v Antoine (2000) UKHL 20 — "The issue which arises on this appeal is whether an accused person charged with murder is entitled to rely on the defence of diminished responsibility under section 2 of the Homicide Act 1957, when he has been found by a jury to be unfit to plead by reason of mental disability, and a jury proceeds under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (as substituted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991) to determine whether he did the act charged against him as the offence."
| 2008-09-22 | 2000 cases, Brief summary, Criminal law, Transcript |
| R (A) v Harrow Crown Court (2003) EWHC 2020 (Admin) — The court order detaining the claimant under s37/41 MHA 1983 following a finding of unfitness to plead was irregular (as ultra vires s5 CPIA 1964 as then enacted) and was quashed; however, the detention was in accordance with a procedure prescribed by law and was not arbitrary, so there was no breach of Article 5.
| 2008-09-22 | 2003 cases, Criminal law, Detailed summary, Transcript |
| R v Diamond (2008) EWCA Crim 923 — Criminal appeal.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| X v An NHS Trust (2008) EWHC 986 (Admin) — Section 37.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| R v Aisling Murray (2008) EWCA Crim 1792 — A sentence of life imprisonment and conviction for murder was quashed, and substituted with a conviction for manslaughter on the grounds of diminished responsibility and a restricted hospital order; this was even though the appellant had pleaded guilty to murder, as her decision to plead guilty was affected by her medical condition, which also substantially reduced her responsibility for the killing.
| 2008-09-13 | 2008 cases, Criminal law, Detailed summary, Transcript |
| R (Juncal) v SSHD (2008) EWCA Civ 869 — Lawfulness of detention.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| R v Leslie Norman (2008) EWCA Crim 1810 — Criminal appeal.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| R (Thompson) v SSHD (2003) EWHC 538 (Admin) — Home Office policy of always making restriction direction except in specified circumstances was lawful and applied lawfully in the claimant's case; no legitimate expectation arose from a civil servant's erroneous statement of the law.
| 2008-09-12 | 2003 cases, Criminal law, Detailed summary, Transcript |
| R (Bartram) v Southend Magistrates Court (2004) EWHC 2691 (Admin) — Section 37.
| 2008-09-12 | 2004 cases, Criminal law, No summary, Transcript |
| R v Lomey (2004) EWCA Crim 3014 — CCRC appeal against life sentence; unable now to substitute with s37/41 as no bed and MI no longer of nature or degree; substitution with absolute discharge not justified.
| 2008-09-12 | 2004 cases, Brief summary, Criminal law, Transcript |
| Narey v HM Customs and Excise (2005) EWHC 784 (Admin) — s5 CPIA 1964.
| 2008-09-12 | 2005 cases, Criminal law, No summary, Transcript |
| R v IA (2005) EWCA Crim 2077 — Life sentence or s37/41.
| 2008-09-12 | 2005 cases, Criminal law, No summary, Transcript |
| R v Golding (2006) EWCA Crim 1965 — Imposition of restriction order was justified on the facts.
| 2008-09-12 | 2006 cases, Criminal law, No summary, Transcript |
| R v Francis (2008) NICA 6 — Both hospital orders to which the claimant was subject were quashed, on the basis that when sentenced he had not been suffering from severe mental impairment as defined in the Mental Health (Northern Ireland) Order 1986.
| 2008-02-23 | 2008 cases, Brief summary, Criminal law, Northern Irish cases, Transcript |
| R v Ukpabio (2007) EWCA Crim 2108 — The Youth Justice and Criminal Evidence Act 1999 provide the complete statutory scheme for providing evidence via video link, and the court had no jurisdiction to direct that a defendant's evidence be given by video link (NB the 1999 Act has since been amended); however, in exceptional circumstances, it might be appropriate for a defendant to participate by video link, but this did not apply in this case and the refusal of video link facilities did not cause any prejudice; the restriction order was appropriate.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Simpson (2007) EWCA Crim 2666 — Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Paula Staines (2006) EWCA Crim 15 — Court of Appeal refused to substitute s37/41 order for discretionary life sentence and s45A.
| 2008-02-22 | 2006 cases, Criminal law, No summary, Transcript |
| R v Beatty (2006) EWCA Crim 2349 — Technical lifer's sentence quashed and substituted with s37/41.
| 2008-02-22 | 2006 cases, Criminal law, No summary, Transcript |
| CPS v P (2007) EWHC 946 (Admin) — (1) The fact that a court of 'higher authority' has previously held that a person is unfit to plead does not make it an abuse of process to try that person for subsequent criminal acts. The issue of the child's ability to participate effectively must be decided afresh. (2) Where the court decides to proceed to decide whether the person did the acts alleged, the proceedings are not a criminal trial (3) The court may consider whether to proceed to decide the facts at any stage. It may decide to do so before hearing any evidence or it may stop the criminal procedure and switch to the fact-finding procedure at any stage (4) The DJ should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping P's situation under constant review. (5) If the court proceeds with fact-finding only, the fact that the defendant does not or cannot take any part in the proceedings does not render them unfair or in any way ..→ | 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (Buckowicki) v Northamptonshire County Council (2007) EWHC 310 (Admin) — The judge's decision to impose a guardianship order is subordinate to the willingness of the local authority to accept the guardianship; the local authority has a wide discretion and were entitled to take the claimant's propensity to be violent and disruptive into account
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (Surat Singh) v Stratford Magistrates Court (2007) EWHC 1582 (Admin) — (1) The common law defence of insanity is available in the magistrates' court and prevents conviction (though does not necessarily lead to acquittal); (2) section 37(3) allows the magistrate, if satisfied that the accused did the act or made the omission charged, to abstain from convicting or acquitting or considering the issue of insanity, and instead to make a hospital or guardianship order.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Johnson (Dean) (2007) EWCA Crim 1978 — The defendant knew his actions were legally wrong but did not believe them to be morally wrong: because he knew they were legally wrong he was not entitled under the M'Naghten Rules to ask the jury to enter a verdict of not guilty by reason of insanity.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (Juncal) v SSHD (2007) EWHC 3024 (Admin) — (1) The common law principle of legality meant that subordinate legislation could not impose arbitrary detention without the authorisation of the enabling act. However, the Order in Council conferring a mandatory hospital order on those unfit to stand trial (without any investigation of the facts of the alleged offence) did not impose arbitrary detention: on the facts, medical evidence had been considered, and, in general, the court could postpone consideration of fitness to stand trial until after the prosecution case if it was likely that there was no case to answer. (2) The detention occurred before the coming into force of the HRA 1998 so any ECHR claim would necessarily fail.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Chal (2007) EWCA Crim 2647 — Hearsay evidence admissible in s4A Criminal Procedure (Insanity) Act 1964 proceedings
| 2007-12-27 | 2007 cases, Brief summary, Criminal law, Transcript |