Jones v Isleworth Crown Court  EWHC 662 (Admin)
Although the offender had not caused serious harm in the past, and the medical evidence did not recommend a restriction order, the judge was right to impose restrictions on the admission order under Schedule 1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 on the basis that there was a risk of serious harm to the public, because of the history of paranoid schizophrenia with violent command auditory hallucinations and an escalation of violent offending.
The Domestic Violence Crime and Victims Act 2004 amended the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. One change was to replace admission orders (and restrictions) under the 1991 Act with a power to make hospital orders under s37 Mental Health Act 1983 (and restriction orders under s41). Para 91 of the explanatory notes to the 2004 Act state: "The two principal differences under the new system will be that the Secretary of State no longer has a role in deciding whether or not the defendant is admitted to hospital and that a court can no longer order the defendant's admission to a psychiatric hospital without any medical evidence." Whether to impose a restriction order is still purely the judge's decision.
2 March 2005
Before: Maurice Kay LJ, Moses J
MR S Reid (instructed by T Cryan & Co) appeared on behalf of the Claimant MR J Cartwright (instructed by the Crown Prosecution Solicitors) appeared on behalf of the Defendant