15 Jul 1999
Given uncontested psychiatric evidence that the applicant suffered schizophrenia/abnormality of mind at the time of the offence and exhibited ongoing delusions and suicidal tendencies, the hospital order under s.45 was the only appropriate disposition and there were no arguable grounds to grant leave to appeal; the application for leave was therefore dismissed.
12 Mar 1998
The Court upheld the Hospital Order for an unspecified period because subsequent psychiatric evidence established that the applicant remained unremitted, posed a danger when psychotic, and the decision as to when it is safe to release him is for medical experts and the Mental Health Review Tribunal, not the appellate court.
13 Jan 1987
Leave to apply out of time was granted due to the circumstances of prior adjournments, but on the merits the psychiatric evidence established that the applicant was fit to plead and to defend himself and there was no basis to interfere with the conviction or the three-year sentence, which was appropriate and preferable to detention under s.45 in the circumstances.
10 Aug 1979
A court should specify a period in a hospital order only where psychiatric specialists, having examined the patient, can confidently state the likely period until fitness for release; absent that confidence the order should be indefinite, with release governed by medical recommendation and the statutory release procedures.
27 Dec 1974
Because subsequent psychiatric reports raised serious doubts about the appellant's fitness to plead, the magistrate should have considered that question and not proceeded; the convictions are unsafe and must be set aside and the case remitted for trial de novo after fitness is determined.