Source: All England Reporter
Publisher Citation: [2002] All ER (D) 341 (Jan)
Neutral Citation: [2002] EWCA Crim 165
Court: Court of Appeal, Criminal Division

Rose LJ, Cresswell and Goldring JJ

Representation Matthew Buckland (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 17 January 2002


Sentence - Hospital order - Restriction order - Defendant pleading guilty to offence of arson - Psychiatrists agreeing defendant's mental illness in remission - Judge imposing restriction order - Whether restriction order appropriate - ss 37, 41.

The Case

Although the fact that no psychiatric report suggested that a restriction order under s41 of the should be made did not preclude the judge from imposing such an order, the restriction order in the instant case would be quashed as being inappropriate in the circumstances.

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