| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 411 (Mar) |
| Neutral Citation: | [2003] EWHC 640 (Admin) |
| Court: | Administrative Court |
| Judge: | Newman J |
| Representation | Kristina Stern (instructed by Hempsons) for the claimant. |
| Kris Gledhill (instructed by Switalskis) for the interested party. | |
| Martin Chamberlain (instructed by the Treasury Solicitor) for the defendant. | |
| David Perry and Nigel Giffen (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department. | |
| Judgment Dates: | 27 March 2003 |
Catchwords
Mental health - Detainee - Hospital order - Judge mistakenly making order identifying hospital - Jurisdiction to make order - Validity of order - (Insanity) Act 1964, s 5 - (Insanity and Unfitness to Plead) Act 1991, Sch 1.
The Case
The concepts of voidness and voidability had no application to an order made by a superior court of record or an order made by a court of unlimited jurisdiction. The Crown Court was a superior court of record. An order made in excess of jurisdiction was irregular and could, on such grounds, be set aside. Until then, it was effective and had to be obeyed. The fundamental principle was that the authority of the court could not be undermined by orders made by the highest court of trial in criminal matters being disregarded as nullities.
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