Source: All England Reporter
Publisher Citation: [2002] All ER (D) 509 (Oct)
Neutral Citation: [2002] EWCA Crim 2434
Court: Court of Appeal, Criminal Division
Judge:

Clarke LJ, Butterfield and Pitchford JJ

Representation Jonathan Ellis (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 4 October 2002

Catchwords

Sentencing - Restriction order - Expert medical evidence - Medical evidence not expressly addressing statutory criterion - Validity of restriction order - s 41(1).

The Case

It was of the utmost importance that medical practitioners, when considering whether to recommend a restriction order under s41(1) of the should expressly address the statutory criterion for the imposition of such an order, namely whether the order was necessary for the protection of the public from serious harm. In the instant case, notwithstanding that the medical practitioners had instead expressed their conclusions in terms of the risk of re-offending, the restriction order was, in all the circumstances, justified.

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