Part III Mental Health Act1983

Richard EnglishBarrister – Lincoln House Chambers

Mental Health Lawyers Association4 June 2014

Planan overview of Part III, Mental Health Act

a look at the operation of s45A, 47/48 & 49

consideration of lifer/IPP detainees

MAPPA

S17 leave

Questions

Part III Mental Health Act 1983

s35 – remand for reports

Crown Court of MCevidence from s12 doctor who suspects D suffers from a mental disorderimpractical to obtain report on bailbed within seven days

Part III Mental Health Act 1983

S36 – remand for treatment

two doctors, one s12 D suffers from a mental disorder treatment available bed within seven days

Part III Mental Health Act 1983S37 – Hospital Orders and Guardianship

R-v-Birch 1989 11 Cr App R (S) 202

is detention appropriate, as opposed to a community orderis the court satisfied that D suffers from mental disorder which is of a nature and

degree which means appropriate to be detained, if in doubt, consider an interim order

is treatment available,is it the most suitable disposal

Part III Mental Health Act 1983

S38 – Interim order

Post conviction

First order – 12 weeks, 28 days thereafter, up to 12 months

No discharge, no leave, no tribunal

Part III Mental Health Act 1983S39 – request for information

Interim order, hospital order or s45A

Child offenders where court is considering a s35 or s36 remand

“Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request the Primary Care Trust or Local Health Board for the area in which that person resides or last resided … ,to furnish the court with such information as [above] have or can reasonably obtain with respect to the hospital or hospitals (if any) in their area or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and [they shall] comply with any such request”.

Part III Mental Health Act 1983

s41 – restriction

s42 – Powers of the SoSJ

s45A – Hospital and limitation direction

Sections 47, 48 and 49 – transfers and restrictions

Decision making under the relevant disposals

Unrestricted hospital order Restricted hospital order Determinate prison sentence Indeterminate prison

sentence

Decision on release Clinical SofS or tribunal Release date Parole Board

Criteria for release Mental state and consequent

risk

Mental state and consequent

risk Automatic Risk

Can it lapse? Yes No Yes No

Can it be discharged

absolutely? Yes Yes Yes No

Guidance for courts, MoJ March 2007

s45AR-v-Ruby

[2013] EWCA Crim 1653

R-v-Quirk[2014] EWCA 1052

R-v-Fox[2011] EWCA Crim 3299

s47/49 detainees

R-v-SoS for Justice and the Parole Board ex parte LV [2014] EWHC 1495 Admin 15 May 2014

R-v-Larkin ex parte W [2012] EWHC 556 Admin

IPP/Lifer

R-v-Colborne[2014] EWCA Crim 286

R-v-Petrolini[2012] EWCA Crim 2055

R-v-Fletcher[2012] EWCA Crim 1550 and 2777

R-v-Channer[2012] EWCA Crim 1667

R-v-Teasdale[2012] EWCA Crim 2071

R-v-Beeby[2012] EWCA Crim 2636

R-v-Logan[2012] EWCA Crim 2542

R-v-Evans[2013] EWCA Crim 1193

MAPPA (1)Categories

1 Those required to sign the register (notification)

2 Murder and schedule 15 CJA 2003

3 Other dangerous offenders

Risk

Level 1 Ordinary risk management

Level 2 Active multi agency management

Level 3 Active enhanced multi agency management

MAPPA (2)

No statutory duty to disclose information

Medical confidentiality applies unless there is a risk of serious harm

Share basic information only

Working with MAPPA : guidance for psychiatrists in England and Wales

s17 leave

S41 (3) (c) (i) requires responsible clinician to obtain consent

Mental Health Casework Section Guidance - Section 17 leave

Questions..?

Richard EnglishLincoln House Chambers18 – 22 Bridge StreetMANCHESTERM3 3BZ

0161 832 570107961 962 577

richard.english@lincolnhousechambers.com