R (S) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 05 November 2002 |
| Date | 05 November 2002 |
| Court | Queen's Bench Division |
QUEEN'S BENCH DIVISION
Before Mr Justice Maurice Kay
Mental health - patient released from prison on conditional licence part way through sentence - should not be returned to prison on absconding - full consultation with doctors required before doing so - Criminal Justice Act 1991 Section 39(2) - Mental Health Act 1983 Sections 3, 18, 50(4) - Protection from Harassment Act 1997 Sections 2 & 5 & 18 - Mental Health (Patients in the Community) Act 1995 Section 2(1) - Prison Act 1952 Section 49(2) as amended by Section 119 and paragraph 7(2)(a) of Schedule 8 to the Crime & Disorder Act 1998 and by Section 77 and paragraph 8(b)(ii) of Schedule 14 to the Criminal Justice Act 1982
A patient detained under the Mental Health Act 1983 having been released from prison on a conditional licence part way through a sentence should not, upon absconding from hospital prior to the end of his period of detention there, have been returned to prison on the revocation of the licence without full consultation with the hospital doctors.
Mr Justice Maurice Kay so held in the Queen's Bench Division when giving reasons for allowing on November 1 an application by S for judicial review of a decision to recall him to prison made by the Secretary of State for the Home Department on August 8, 2002 under section 39(2) of the Criminal Justice Act 1991 while S was subject to a detention order under section 3 of the 1983 Act.
Mr Nicholas O'Brien for S; Mr Steven Kovats for the Home Secretary.
MR JUSTICE MAURICE KAY said that the claimant suffered from bi-polar disorder and that his 30-year history of offending included several recent convictions for harassment and breaches of restraining orders contrary to sections 2 and 5 of the Protection from Harassment Act 1997.
Resulting sentences had been passed without adjournment for psychiatric assessment despite the provision of information regarding the claimant's mental illness.
On June 19, 2002 the claimant, who was part way though an 18-month prison sentence, was released under a licence which was conditional on his behaviour and due to expire on November 3, 2002. He was admitted to hospital on August 3, 2002.
Between his release from prison and his admission to hospital there came a point where he was not complying with his medication and that led to bizarre behaviour such as indecent exposure.
Two days after his admission to hospital...
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