The propriety of a restriction order – R v Lee Michael Cox [1999] MHLR 30 CA
Points arising: The judge was able to impose a restriction order against the views of the doctors giving evidence; there was assistance as to the meaning of “serious harm” in the s31 Criminal Justice Act 1991, and so it covered serious physical or psychological injury; the risk of such harm had to be real, not fanciful or remote.
Facts and outcome: C, who was already subject to a hospital order under s37 MHA 1983 and had previous convictions including for violence, admitted affray involving threatening 2 men at a garage and brandishing a penknife, and criminal damage to a book at the police station. Although the psychiatrists did not support a restriction order, the judge was entitled to find on the evidence that there was a real (ie not fanciful or remote) risk that the public would suffer serious harm on C’s reoffending (of which there was a considerable risk).