Killer who murdered passerby was released without going before mental health tribunal – Daily Telegraph

Posted February 8th, 2013 in early release, mental health, murder, news, tribunals by sally

“A woman who killed her mother was freed under a secret fast-track process and went on to murder a stranger in the street.”

Full story

Daily Telegraph, 8th February 2013

Source: www.telegraph.co.uk

Regina v B (M) – WLR Daily

Posted February 7th, 2013 in appeals, consent, law reports, mental health, rape by sally

Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43

“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”

WLR Daily, 31st February 2013

Source: www.iclr.co.uk

Victorian child neglect laws in ‘urgent’ need of overhaul, warns Baroness Butler-Sloss – Daily Telegraph

Posted February 7th, 2013 in child neglect, judges, legislation, mental health, news by sally

“The current laws on child neglect are not fit for the 21st Century and in ‘urgent’ need of reform, Britain’s most senior authority on family law warns today.”

Full story

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Related link: The criminal law and child neglect: an independent analysis and proposal for reform (PDF)

Youth justice system is ‘failing vulnerable young offenders’ – The Guardian

“Vulnerable young offenders are at risk of serious and long-term problems because the youth justice system is failing to support their needs, according to child welfare charities and campaign groups. Figures released by the Ministry of Justice (MoJ) last week revealed a 21% increase in the number of young people in custody self-harming between 2010‑11 and 2011-12. Three children died in custody during 2011-12, while incidents of physical restraint rose by 17% year on year.”

Full story

The Guardian, 5th February 2013

Source: www.guardian.co.uk

Frederick Gilliard jailed for killing wife with statue – BBC News

Posted February 4th, 2013 in domestic violence, homicide, mental health, news, sentencing by sally

“A 76-year-old man who bludgeoned his wife with a garden statue has been jailed
for four years.”

Full story

BBC news, 1st February 2013

Source: www.bbc.co.uk

Mental health ‘excuse’ to sign off abortions – Daily Telegraph

Posted February 4th, 2013 in abortion, medical ethics, mental health, news by sally

“Doctors are routinely bending the law to allow women to have abortions on questionable mental-health grounds, the head of Britain’s biggest abortion provider has said.”

Full story

Daily Telegraph, 4th February 2013

Source: www.telegraph.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by sally

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 4 | UKSC 2011/0186 (YouTube)

Supreme Court, 30th January 2013

Source: www.youtube.com/user/UKSupremeCourt

Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

Full story

Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

Justice minister admits five children were detained in adult jails – The Independent

Posted January 28th, 2013 in children, mental health, news, prisons, United Nations, young offenders by sally

“Five children have been placed in adult prisons, breaking an international treaty on children’s rights, it has emerged. The Youth Justice minister, Jeremy Wright, admitted the under-18s had been transferred from youth custody to adult prisons in 2011, in answer to a parliamentary question earlier this month.”

Full story

The Independent, 27th January 2013

Source: www.independent.co.uk

Hundreds of women still wrongly imprisoned – The Guardian

Posted January 28th, 2013 in mental health, news, prisons, United Nations, women by sally

“Hundreds of British women continue to be wrongly imprisoned, according to a study that condemns the government for not complying with international standards set by the United Nations on treatment of female inmates.”

Full story

The Guardian, 27th January 2013

Source: www.guardian.co.uk

Man who threw bottle at Usain Bolt at Olympics found guilty – The Guardian

Posted January 14th, 2013 in bail, DNA, mental health, news, public order, sport, threatening behaviour by sally

“A man who threw a plastic beer bottle at Jamaican sprinter Usain Bolt moments before the Olympic 100m final has been found guilty of public disorder at Stratford magistrates court.”

Full story

The Guardian, 11th January 2013

Source: www.guardian.co.uk

Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian

“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”

Full story

The Guardian, 10th January 2013

Source: www.guardian.co.uk

Doctors seek court order to carry out abortion on mentally disabled woman – Daily Telegraph

“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”

Full story

Daily Telegraph, 7th January 2013

Source: www.telegraph.co.uk

Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

Full story

UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

Full story (PDF)

Thirty Nine Essex Street, December 2012

Source: www.39essex.com

ASB and Possession – NearlyLegal

“Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems.”

Full story

NearlyLegal, 16th December 2012

Source: www.nearlylegal.co.uk

Mentally ill man jailed for hospital arson has prison sentence quashed – The Guardian

Posted December 12th, 2012 in appeals, arson, mental health, news, sentencing by sally

“A severely mentally ill young man who tried to escape from a psychiatric unit by attempting to burn down a hospital door had an indefinite prison sentence quashed on Wednesday, after a two-year campaign by his mother.”

Full story

The Guardian, 12th December 2012

Source: www.guardian.co.uk

New date set for Moors Murderer Ian Brady’s tribunal – BBC News

Posted December 6th, 2012 in mental health, murder, news, suicide, tribunals by sally

“Moors Murderer Ian Brady’s rescheduled mental health tribunal will take place in June, the Judicial Office has said.”

Full story

BBC News, 6th December 2012

Source: www.bbc.co.uk

M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk