Re Ian Brady [2012] MHLO 76 (FTT)

The tribunal hearing was adjourned from 9/7/12, to a date to be fixed, because of the patient's (physical) medical condition.

Related judgments

Re Ian Brady [2013] MHLO 89 (FTT)

Decision

Re: Ian Brady

Reasons for the Tribunal’s Decision

6th July 2012

The Tribunal yesterday received information concerning the medical condition of Ian Brady following his admission to hospital on Tuesday 3rd July 2012. It also received submissions on his behalf from Mr Hugh Southey Q.C. and from Miss Eleanor Gray Q.C. on behalf of the Responsible Authority, Ashworth Hospital.

The Tribunal accepted that Mr Brady’s medical condition, though not life threatening, is such as to preclude his attendance and proper participation in the hearing in public which is listed for Monday 9th July 2012.

The Tribunal considered that it would not be proper to continue in his absence as it had been a significant factor in the decision to grant a hearing in public that he would participate in such a hearing.

The Tribunal further considered whether the situation could be accommodated by a short postponement. It concluded that, given the present prognosis, that would not be practical.

The Tribunal are acutely aware of the public interest in this case being resolved as soon as possible and of the extensive arrangements which have been made to facilitate its hearing. But in the circumstances the Tribunal had to conclude that the forthcoming hearing must be adjourned to a date to be fixed when the commitments of those involved have been ascertained because of Mr Brady’s present physical condition.

His Honour Judge Robert K. Atherton

6th July 2012

External link

No Bailii link (because there is no transcript)

Decision on Judiciary website

Gordon Rayner, 'Ian Brady "right to die" tribunal postponed after seizure' (Telegraph, 6/7/12)

Sam Jones and Helen Carter, 'Moors murderer Ian Brady's mental health advocate arrested' (Guardian, 17/8/12)