AG -v- Baker [2016] JRC 151 (01 September 2016)

AG -v- Baker [2016] JRC 151 (01 September 2016)

The defendant was found unfit to plead based on agreed psychiatric evidence and the legal test established in O'Driscoll; detention ordered at HMP La Moye pending transfer to Brockfield House, as hospital detention outside Jersey was not within the Court's power.

Source-derived case information.

Citation
[2016] JRC 151
Parties
Respondent: Attorney General; Applicant: Defendant
Jurisdiction
Jersey
Judgment Date
01 September 2016
Procedural Posture
Criminal / Fitness to Plead Hearing
Outcome
Defendant found unfit to plead; ordered detained during Her Majesty's pleasure.
Legal Topics
Fitness to Plead, Insanity, Detention, Psychiatric Evidence
Criminal Law Mental Health Law Fitness to Plead Insanity Detention Psychiatric Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Attorney General

Respondent

Defendant

Applicant

Procedural Posture

Criminal / Fitness to Plead Hearing

Legal Issues

  1. 1 Whether the defendant is fit to plead to a charge of common assault
  2. 2 Appropriate detention and transfer arrangements for an unfit defendant

Ratio Decidendi

The defendant was found unfit to plead based on agreed psychiatric evidence and the legal test established in O'Driscoll; detention ordered at HMP La Moye pending transfer to Brockfield House, as hospital detention outside Jersey was not within the Court's power.

Court Disposition

Defendant found unfit to plead; ordered detained during Her Majesty's pleasure.

Orders

  • Defendant to be detained at HMP La Moye until arrangements for transfer to Brockfield House are completed.
  • Attorney General to report to the Court in four weeks on the status of the transfer.