Part III Mental Health Act 1983 Richard English

Part III Mental Health Act 1983 Richard English Barrister – Lincoln House Chambers Mental Health Lawyers Association 4 June 2014

Plan �an overview of Part III, Mental Health Act �a look at the operation of s 45 A, 47/48 & 49 �consideration of lifer/IPP detainees �MAPPA �S 17 leave �Questions

Part III Mental Health Act 1983 �s 35 – remand for reports �Crown Court of MC �evidence from s 12 doctor who suspects D suffers from a mental disorder �impractical to obtain report on bail �bed within seven days

Part III Mental Health Act 1983 �S 36 – remand for treatment �two doctors, one s 12 �D suffers from a mental disorder �treatment available �bed within seven days

Part III Mental Health Act 1983 � S 37 – Hospital Orders and Guardianship �R-v-Birch 1989 11 Cr App R (S) 202 �is detention appropriate, as opposed to a community order �is 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 � S 38 – 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 1983 �S 39 – request for information �Interim order, hospital order or s 45 A �Child offenders where court is considering a s 35 or s 36 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 � s 41 – restriction � s 42 – Powers of the So. SJ � s 45 A – Hospital and limitation direction � Sections 47, 48 and 49 – transfers and restrictions

Decision making under the relevant disposals Decision on release Criteria for release Can it lapse? Can it be discharged absolutely? Indeterminate prison Unrestricted hospital order Restricted hospital order Determinate prison sentence Clinical Release date Parole Board Automatic Risk Sof. S or tribunal Mental state and consequent sentence risk Yes No Yes Yes No Guidance for courts, Mo. J March 2007

s 45 A �R-v-Ruby [2013] EWCA Crim 1653 �R-v-Quirk [2014] EWCA 1052 �R-v-Fox [2011] EWCA Crim 3299

s 47/49 detainees �R-v-So. S 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-Teasdale [2012] EWCA Crim 2071 �R-v-Petrolini [2012] EWCA Crim 2055 �R-v-Beeby [2012] EWCA Crim 2636 �R-v-Fletcher [2012] EWCA Crim 1550 and 2777 �R-v-Logan [2012] EWCA Crim 2542 �R-v-Channer [2012] EWCA Crim 1667 �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 Wales

s 17 leave � S 41 (3) (c) (i) � requires responsible clinician to obtain consent � Mental Health Casework Section Guidance - Section 17 leave

Questions. . ? Richard English Lincoln House Chambers 18 – 22 Bridge Street MANCHESTER M 3 3 BZ 0161 832 5701 07961 962 577 richard. english@lincolnhousechambers. com