Source: All England Reporter
Publisher Citation: [2009] All ER (D) 149 (Jul)
Court: Queen's Bench Division, Administrative Court (London)

Keith Lindblom QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Roger Pezzani (instructed by Inyama and Co) for the claimant.
  Gemma White (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 14 July 2009


Mental health - Prisoner - Transfer to hospital - Secretary of State refusing transfer of prisoner to less secure hospital - Ageing claimant convicted of serious violent and sexual offences - Claimant suffering from psychopathic personality disorder and detained in high security hospital - Responsible clinicians recommending transfer to medium security hospital - Secretary of State refusing transfer as necessary to protect public from harm - Whether Secretary of State entitled to depart from recommendation's of clinicians - Whether decision of Secretary of State rational - , -.

The Case

Mental health Prisoner. Queen's Bench Division, Administrative Court (London): In a case concerning the leave of absence procedure under of the Mental Health Act 1983, the court held that the role of the Secretary of State was different to the role of the Responsible Medical Officer and the clinicians. In the instant case, the Secretary of State had a duty to protect the public from serious harm and he was free to depart from the recommendations of the Responsible Medical Officer.

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