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Regina v HP (Aka C); CACD 26 May 2010

References: [2010] EWCA Crim 1383, [2010] MHLR 191
Links: Bailii
Coram: Toulson LJ, Cooke, Swift DBE JJ
Ratio Appealagainst sentence for making hoax bomb calls. A hospital order had been made under section 31, and she now appealed against the section 41 restriction order.
Held: The hospital, in reality, is operating as a form of prison, because she is not making medical headway there, but it is not a particularly effective prison because it does not prevent her from getting to a phone. Her treatability is likely to be made worse in an in-patient unit. In these circumstances, we see no value in maintaining the present regime. We consider that the right course is to set aside the restriction.
Statutes: Mental Health Act 1983 37 41

Last Update: 26-Apr-16
Ref: 442696