R v Fairley (Terry James) [2003] EWCA Crim 1625

Having found the defendant unfit to plead, the court had no power to impose a hospital order or restriction order; the proper course would have been to consider an admission order with restrictions; the orders were quashed and the case remitted to the Crown Court. [NB the law has since changed.]


CPIA 1964 s5 has been amended so that a hospital order (with or without a restriction order) is one of the options for the court.


[2003] All ER (D) 256 (May)

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