IR, R (on the application of) v Shetty & Anor

IR, R (on the application of) v Shetty & Anor

The Secretary of State's refusal to grant technical lifer status was lawful and rational. The decision was not a sentencing exercise and thus Article 6 ECHR did not apply. The Secretary of State properly applied his policy, as there was no sufficient new medical evidence to show that the conditions for a hospital order were met in 1997. The claimant failed to provide evidence from two doctors that he was suffering from mental illness at the relevant time.

Parties
Claimant: The Queen (on the application of I R); First Defendant: Dr G Shetty (Responsible Medical Officer); Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 December 2003
Procedural Posture
Judicial Review and Human Rights Claim / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review of Administrative Decisions, Technical Lifer Status, Article 6 ECHR (right to a Fair Trial), Mental Health Act 1983, Sentencing and Hospital Orders
Administrative Law Mental Health Law Human Rights Law Judicial Review of Administrative Decisions Technical Lifer Status Article 6 ECHR (right to a Fair Trial) Mental Health Act 1983 Sentencing and Hospital Orders

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Parties

The Queen (on the application of I R)

Claimant

Dr G Shetty (Responsible Medical Officer)

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review and Human Rights Claim / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State's refusal to grant technical lifer status was unlawful under Article 6 ECHR
  2. 2 Whether the Secretary of State lawfully applied his own policy on technical lifers

Ratio Decidendi

The Secretary of State's refusal to grant technical lifer status was lawful and rational. The decision was not a sentencing exercise and thus Article 6 ECHR did not apply. The Secretary of State properly applied his policy, as there was no sufficient new medical evidence to show that the conditions for a hospital order were met in 1997. The claimant failed to provide evidence from two doctors that he was suffering from mental illness at the relevant time.

Court Disposition

Application dismissed

Orders

  • Application for judicial review and under the Human Rights Act 1998 dismissed
  • Injunction restraining return to prison discharged forthwith