Humphreys v CPS

Humphreys v CPS

The appellant’s medical condition (ADHD and rare psychotic episodes) made him more likely to breach the CBO but did not render him incapable of understanding or complying with its terms. The Magistrates’ findings that he was capable were justified, and the statutory test for imposing a CBO was met.

Parties
Applicant: Toby Humphreys; Respondent: CPS
Jurisdiction
England and Wales
Judgment Date
08 May 2019
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal From Magistrates’ Court
Outcome
Appeal dismissed
Legal Topics
Criminal Behaviour Orders, Capacity to Comply With Court Orders, Mental Health and Criminal Responsibility
Criminal Law Mental Health Law Criminal Behaviour Orders Capacity to Comply With Court Orders Mental Health and Criminal Responsibility

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Toby Humphreys

Applicant

CPS

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal From Magistrates’ Court

Legal Issues

  1. 1 Whether the appellant was incapable of understanding or complying with the terms of the Criminal Behaviour Order due to mental health conditions
  2. 2 Whether the Magistrates’ Court erred in law in imposing the CBO given the psychiatric evidence

Ratio Decidendi

The appellant’s medical condition (ADHD and rare psychotic episodes) made him more likely to breach the CBO but did not render him incapable of understanding or complying with its terms. The Magistrates’ findings that he was capable were justified, and the statutory test for imposing a CBO was met.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The Criminal Behaviour Order remains in force.