R v Canons Park Mental Health Review Tribunal, ex parte A
| Jurisdiction | England & Wales |
| Judgment Date | 28 July 1993 |
| Date | 28 July 1993 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Divisional Court
Before Lord Justice Mann and Mr Justice Sedley
Mental health - detention - treatability criterion for psychopaths
It was unlawful for a psychopathic patient to continue to be detained, for medical treatment, as a consequence of a decision of a mental health review tribunal, when he or she was untreatable in that there was unlikely to be any alleviation or a prevention in deterioration of the condition.
The Queen's Bench Divisional Court so held in granting an application by A for judicial review, inter alia, to quash the decision of the Cannons Park Mental Health Review Tribunal of May 24, 1993 that the applicant continue to be detained in an interim secure unit at Horton Hospital, Surrey.
Section 3 of the Mental Health Act 1983 provides: "(2) An application for admission for treatment may be made in respect of a patient on the grounds that - (a) he is suffering from … psychopathic disorder … and … is of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and (b) in the case of psychopathic disorder … such treatment is likely to alleviate or prevent a deterioration in his condition …"
Section 72 provides: "(1) Where application is made to a mental health review tribunal by or in respect of a patient who is liable to be detained under this Act, the tribunal may in any case direct that the patient be discharged … (b) the tribunal shall direct the discharge of a patient liable to be detained … if they are satisfied - (i) that he is not then suffering from … psychopathic disorder … of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or (ii) that it is not necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment …"
Mr Richard Gordon for the applicant; Mr Ian Ashford-Thorn for the respondent.
MR JUSTICE SEDLEY, giving the judgment of the court, said that the applicant had been detained under section 3 on the statutory ground of mental illness. Section 20 governed her continued detention and dealt with the duration and renewal of the authority to detain her upon the same criteria as for admission.
The applicant applied to the review tribunal to be discharged under section 72 following an unsuccessful application under section 23 to...
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