R v Steven Gordon

R v Steven Gordon

The judge was entitled to impose a restriction order under section 41 of the Mental Health Act 1983 given the seriousness of the offence, the risk of future harm, and the lack of evidence that such a decision was irrational or Wednesbury unreasonable, despite contrary psychiatric evidence.

Parties
Prosecutor: Rex; Appellant: Steven Gordon
Jurisdiction
England and Wales
Judgment Date
28 October 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Hospital Orders, Restriction Orders, Section 37 Mental Health Act, Section 41 Mental Health Act, Unlawful Wounding, Threatening With a Bladed Article, Psychiatric Evidence, Risk Assessment
Criminal Law Mental Health Law Hospital Orders Restriction Orders Section 37 Mental Health Act Section 41 Mental Health Act Unlawful Wounding Threatening With a Bladed Article +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecutor

Steven Gordon

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge erred in imposing a restriction order under section 41 of the Mental Health Act 1983 despite unanimous psychiatric evidence against it
  2. 2 Whether the imposition of the restriction order was irrational or Wednesbury unreasonable

Ratio Decidendi

The judge was entitled to impose a restriction order under section 41 of the Mental Health Act 1983 given the seriousness of the offence, the risk of future harm, and the lack of evidence that such a decision was irrational or Wednesbury unreasonable, despite contrary psychiatric evidence.

Court Disposition

appeal dismissed

Orders

  • Restriction order under section 41 of the Mental Health Act 1983 upheld
  • Hospital order under section 37 of the Mental Health Act 1983 concurrent on each count upheld