| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 139 (Feb) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Burnett J (judgment delivered extempore) |
| Representation | Hugh Southey (instructed by Moore Nicholas Jones) for SP. |
| Gemma White (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 12 February 2010 |
Catchwords
Mental health - Prisoner - Transfer to hospital - Defendant Secretary of State directing transfer of claimant prisoner to secure hospital - Claimant contending medical practitioner's report failing adequately to deal with question of whether appropriate medical treatment available - Whether Secretary of State entitled to conclude statutory criteria for making of order met - s 47.
The Case
Mental health Prisoner. Dismissing the claimant's application for judicial review of the Secretary of State's decision to make an order removing him from prison to a secure hospital, pursuant to s47 of the the Administrative Court held that, in deciding whether to make such an order, there was no reason in principle why the Secretary of State should not draw proper inferences from the material before him, in the same way that any other finder of fact exercising a judicial or administrative function could do. In all the circumstances of the instant case, the Secretary of State had been entitled to conclude that appropriate medical treatment was available at the hospital in question.
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