Hospital Order but no Hospital Bed
| DOI | http://doi.org/10.1177/002201839906300512 |
| Published date | 01 October 1999 |
| Date | 01 October 1999 |
| Subject Matter | Article |
The Journal
of
Criminal
Law
time of arrival at,
and
departure from,
the
office revealed
any
'com-
munication' between
the
parties.
HELD:
1.
GRANTING
THE
APPLICATION
FOR
JUDICIAL
REVIEW
AND
QUASHING
THE
JUDGE'S
ORDER,
since the judge
had
not
directed his
mind
to
the
question
whether
the statutory access conditions
had
been
met
in
relation to
what
was, in effect, a second, wider
and
different order from
that in connection with which he had declared himself satisfied, his
second order
had
to be set aside;
2.
PERMITTING
A
FRESH
APPLICATION
TO
BE
MADE
TO
THE
JUDGE,
no
declaration be made relating to legal professional privilege. The court's
decision on
the
second issue was, therefore, that legal professional
privilege is confined to communications between solicitor
and
client, as
set
out
in s 10
and
Sched 1of
PACE,
so that
the
documents here
disclosed did
not
come within the ambit of privilege.
COMMENTARY
As there was no reason for believing that the judge,
had
he
put
his mind
to
the
question, in relation to his second order, would equally have
been
satisfied
that
the
access conditions
had
been
met
in respect of
that
order,
as he
had
been satisfied they were, in connection with the first, counsel
argued
that
this should be assumed to be so, in order to avoid
the
time
and
money
wasted in going back to the judge for a result which seemed
inevitable. But, although the court seems to have accepted the view
that
it was 'overwhelmingly probable' that somewhere in
the
firm's papers
there was precisely
the
information which the police wished to obtain in
the course of their investigations and that information was
not
(as
the
court
had
held)
the
subject of legal professional privilege,
the
court
nevertheless held
that
the
Act requires the judge to be satisfied that the
statutory conditions are met in respect of each order he makes. The
applicants had, therefore, a right to be given the opportunity of seeing to
it
that
the
judge considered the conditions in relation to the
order
made
against them. They were entitled not to be
put
off with astatement
that
it could be assumed
that
the
judge would be satisfied, once he
had
considered the matter. Thus, even
though
the
granting or withholding
of relief is discretionary, the court refused to consider granting it until it
was
shown
that the statutory conditions had been met.
Hospital Order
but
no Hospital Bed
Rv
Thames
Me, exp
Ramadan
[1999] 1 Cr App R 386
The applicant appeared before ametropolitan stipendiary magistrate,
charged with criminal damage, possession of an offensive
weapon
and
threatening behaviour. Three doctors reported
that
he suffered from
schizophrenia. The magistrate, being satisfied
that
the
defendant was
mentally
ill
and
had
committed the offences charged, made ahospital
412
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