AG v McLean [2018] JRC 200 (31 October 2018)

Based on psychiatric evidence and statutory test, defendant is incapable of participating effectively in proceedings due to chronic and severe alcohol-related cognitive impairment; unconditional release is ordered as no treatment or guardianship order is appropriate.

Citation: [2018] JRC 200
Parties: Defendant: Mr McLean; Prosecution: Crown; Victims: Former partner and son
Jurisdiction: Jersey
Judgment Date: 31 October 2018
Procedural Posture: Criminal / Fitness to Plead / Incapacity Hearing
Outcome: Defendant found incapable; unconditional release ordered; application to discharge restraining orders adjourned.
Legal Topics: Fitness to Plead, Incapacity, Restraining Orders, Breach of Restraining Order

Criminal Law Mental Health Law Fitness to Plead Incapacity Restraining Orders Breach of Restraining Order

Case Brief

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Parties

Mr McLean

Defendant

Crown

Prosecution

Former partner and son

Victims

Procedural Posture

Criminal / Fitness to Plead / Incapacity Hearing

Legal Issues

1 Is the defendant incapable of participating effectively in proceedings due to mental disorder?
2 Should the restraining orders be discharged given the defendant's incapacity?

Ratio Decidendi

Court Disposition

Defendant found incapable; unconditional release ordered; application to discharge restraining orders adjourned.

Orders

Defendant released unconditionally under Article 58(3) of Mental Health (Jersey) Law 2016.
Application to discharge restraining orders adjourned to 9 November 2018.