Antoine v UK 62960/00 [2003] ECHR 709

The claimant was detained under a hospital order, it having been found that he was unfit to plead but had done the act. His complaint was based on Article 6 (unable to participate effectively, no trial within reasonable time, breach of presumption of innocence), Article 3 (living under threat of further prosecution), and Article 5 (arbitrary detention). Application declared inadmissible.

Related case

R v Antoine [2000] UKHL 20

Complaints (extract from judgment)

The applicant complains under Article 6 §§ 1 and 3(d) of the Convention that he was unable to participate effectively in the section 4A hearing or to confront the witnesses against him. Alternatively, he has not been given a trial within a reasonable time, as the criminal charges against him have still not been determined.

The applicant also complains under Article 3 of the Convention of living under the threat of a further prosecution and the difficulties this poses to his rehabilitation as he cannot co-operate with those responsible for his care for fear that anything that he says about the events may be used in evidence against him. He claims that his ongoing hospital detention under these conditions amounts to a denial of his right to liberty and security of person under Article 5 and also infringes Article 6 § 2 of the Convention.

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