||All England Reporter
|| All ER (D) 341 (Jan)
|| EWCA Crim 165
||Court of Appeal, Criminal Division
Rose LJ, Cresswell and Goldring JJ
||Matthew Buckland (assigned by the Registrar of Criminal Appeals) for the defendant.
||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.
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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