Criminal Admissions Flashcards

Question

Police and Crime Act 2017

Answer 1

Amended deadline from assessment from 72 hours to 24 hours. | Provision for a medic to extend to another 12 hours if necessary.

Answer 2

Someone is in their home or someone else's private premises. English law stresses the importance of having a dwelling/private space the state cannot interfere with. If you are within your private premises and MHP cannot access those they will need a warrant.

Answer 3

"if there is reasonable cause to suspect a person believed to be suffering from a mental disorder a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction or the justice OR b) being unable to care for himself, is living alone in any such place the justice may issue a warrant authorising any constable to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under part II or of other arrangements for his treatment or care"

Answer 4

S allowed two police officers in her house, once inside they took her to a police station, took her child into protection, drove her to a hospital claiming 136. Sedated her, then claimed s5-6 MCA 'proportionate restraint for lacking capacity'. 13 hours later detained under s2 MHA and sectioned. Amounted to a deprivation of liberty!

Answer 5

Permits entry without warrant to save 'life or limb' to prevent serious damage to property, high threshold.

Answer 6

Risk of serious harm would suffice

Answer 7

Mere concern for welfare does not suffice

Answer 8

Enter! No power to remove therefore it is only a partial power, once in the home places them within Sessay

Answer 9

Not in dispute because of delusions he thought he was being confronted by evil spirits whom were the police. But prosecution contended so far as self-defence was concerned he had used unreasonable force.

Answer 10

Remand for assessment. - One registered medical practitioner certifies he is suffering from a mental disorder - A hospital bed will become available within 7 days - In the meantime, can be detained in a place of safety Up to 28 days can be renewed maximum of 12 weeks

Answer 11

s35 remand cannot be used to enable CPS to obtain evidence the accused had the intention or capacity to form the intention to commit an offence of GBH

Answer 12

MHA s36 - Two registered medical practitioners certify he is suffering from mental disorder and - That illness is of a nature or degree which makes it appropriate for him to be detained - Appropriate medical treatment is available and - A hospital bed will become available in 7 days and - In the meantime, suspect detained in place of safety Initially 28 days can be renewed for up to 12 weeks Compulsory treatment provisions apply

Answer 13

Enables the crown court to divert offenders who are unfit to plead. Since March 2005 their fitness has been determined by a judge unless the issue arises after the trial has begun, in which case the jury.

Answer 14

An unfit defendant can be tried if he regains his fitness to plead

Answer 15

Whether they have a disability which renders them unfit to plead, former undefined the latter is governed by R v Pritchard where the offender did not suffer from disorder

Answer 16

Accused will be deemed unfit to plead if he cannot a) understand the charge against him b) distinguish between a guilty and not guilty plea c) instruct a lawyer d) follow the evidence e) challenge an objectionable juror Focus on cognition/understanding rather than capacity.

Answer 17

Suffering from delusions and persecution mania does not equate to unfitness

Answer 18

The criminal law fails to protect equally vulnerable persons who cannot make true choices about the trial process, including the delusion about whether or not to plead guilty

Answer 19

Undertaken a project which attempts to identify more modern legal tests and rules. Amongst its recommendations is to abolish Pritchard in favour of one which draws upon the MCA 2005 by laying down a decision-making capacity test.

Answer 20

If the judge agrees the offender is unfit, the jury will hear evidence in a 'trial of the facts' to determine whether he committed the act or omission of the offence. If he did not they must acquit, if he did the court shall under s5 make a hospital order, a supervision order or an order for his absolute discharge. For murder cases, the court must impose a restricted hospital order.

Answer 21

Paranoid schizophrenic 16 year old boy helped to sacrifice a younger boy to the devil. Jury were not permitted to consider the issue of diminished responsibility under s4A procedure only the actus reus must be proven.

Answer 22

Fair balance between protecting an unfit defendant who has done nothing wrong and protecting the public from someone who has committed an injurious act which would be criminal but for the lack of mens rea.

Answer 23

Jury were not permitted to consider lack of intent or provocation despite Heather Grant's significant learning disability which may have influenced her boyfriend's killing

Answer 24

Enables magistrates to divert a mentally disordered offender to hospital without convicting him.

Answer 25

Magistrates must first decide whether the act or commission was committed prior to fitness to plead. If it was, they should then decide whether to make a hospital or guardianship order without convicting him. This avoids the problems surrounding the Pritchard test.

Answer 26

Mentally ill, believing he was being persecuted by the tory party, intending to assassinate the prime minister Sir Robert Peel he mistakenly killed his private secretary and at his murder trial was given special verdict. In response to public outcry, House of Lords issued the rules...

Answer 27

"... It must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; OR, if he did know it, that he did not know he was doing what was wrong.”

Answer 28

Sullivan - epilepsy | Burgess - sleepwalking

Answer 29

D knew what he had done was wrong in the legal sense but thought there was moral justification for it. CoA dismissed his appeal, but noted: 'This area, however, is a notorious area for debate and quite rightly so. There is room for reconsideration of rules and in particular rules which have their genesis in the early years of the 19th century. But it does not seem to us that the debate is a debate which can properly take place before us at this level in the case.'

Answer 30

Phillip v The Queen

Answer 31

Special verdict required the court to impose indefinite mental hospital detention. Although the act didn't reform M'Naghten rules it did introduce more flexibility to available court disposals. Since March 2005 the courts have discretion (except in murder cases) to make a hospital order, community order with requirements, or issue an absolute discharge. A special verdict on murder charge requires the court to impose restrictions on a hospital order.

Answer 32

Has identified the area of M'Naghten is in need of reform, remarking: 'Given the vulnerability of the mentally ill and increasing frequency they are coming into contact with the CJ system, modern criminal law should be informed by modern science, and in particular by modern psychiatric thinking. The problems with existing law are many and serious ... The application of these antiquated rules is becoming increasingly difficult and artificial, the stringent test of capacity for the purposes of fitness to plead also needs to be reconsidered and should be contrasted with the much wider test contained in MCA 2005.'

Answer 33

Exempt from criminal responsibility those who lacked all criminal capacity and could not have avoided committing the crime because of a recognised medical condition through no fault of their own.

Answer 34

s37, 41, 45A

Answer 35

Hospital and Guardianship orders

Answer 36

1. Two registered medical practitioners certify the person is suffering from disorder and 2. Disorder is a nature or degree which makes it appropriate for him to receive medical treatment in hospital (or warrants his reception into guardianship) 3. Most appropriate disposal having regard to all the circumstances (including the nature of the offence and the character and antecedents of the offender) and other available methods of dealing with him 4. Arrangements have been made for admission to hospital within 28 days, or local social services authority is willing to receive the offender into guardianship and 5. Appropriate medical treatment is available

Answer 37

Not proper for a judge to decline a hospital order and impose a sentence of life imprisonment simply and solely because he is anxious that the tribunal might prematurely release the prisoner. May be exceptional circumstances where the degree of culpability is so great the hospital order would not be justified.

Answer 38

The most appropriate disposal. May depend on whether there is a causal link between mental disorder and offending behaviour.

Answer 39

CoA stated in relation to drug importation: 'Courts tend to focus primarily if not solely on offence itself, it is the case for clear policy and deterrence reasons factors personal to the offender ordinarily tend to account in the usual case for relatively little in this context.

Answer 40

CoA held although a defendant's medical needs were important factors, they were not overriding factors as the interests of justice also had to be considered.

Answer 41

Applied Khelifi, hospital order was not the inevitable consequence of the conditions being satisfied and whilst the 'welfare of the offender is an important consideration, the appropriate sentence must be assessed according to the seriousness of the offence.

Answer 42

D bludgeoned his grandparents and uncle to death with a hammer and tried to kill himself. Evidence at the trial showed he had chronic schizophrenia at the time. His barrister argued on appeal as a general rule, where there is a causal link between offence and the illness, the illness was of a nature and degree which made a hospital order appropriate, such an order should be imposed. However CoA rejected this. They said they 'have their doubts' and prison was always an alternative. Dass's responsibility was diminished he remained culpable and sentence of life imprisonment remained.

Answer 43

Restriction orders - no relative discharge power

Answer 44

Restrict the ability of responsible clinician's discretion to grant their patient leave, transfer or discharge from hospital. Effect is that 'release is dependent upon responsible authority being satisfied the defendant no longer presents any danger which arises from his medical condition'

Answer 45

Tends to make restriction orders under MHA s41(3)(c)

Answer 46

'A restriction order has no existence independently of the hospital order to which it relates, fundamentally affects the circumstances which the patient is detained. No longer is the offender regarded simply as a patient whose interests are paramount. P subject to restriction order is likely to be detained for much longer in hospital than one who is not and fewer leave of absence opportunities.'

Answer 47

Crown court, only where necessary to protect the public from SERIOUS harm.

Answer 48

A jealous woman shot and stabbed her husband to death. Psychiatric evidence attributed her conduct to a severe depressive illness and was firmly of the view she posed no threat to public safety. CoA guidance: - For the court not medical witnesses to determine whether order is necessary but sentencer must have some basis for deciding it is necessary to protect the public from serious harm - Must consider gravity of the harm to which public will be exposed if the offender is at large? - Nature of the harm not necessarily limited to personal injury - Sufficient another individual, or group or category of individuals at risk but not sufficient danger to himself - Must be justified by reference to expected future behaviour of offender, rather than seriousness of current offence

Answer 49

Described keeping a mentally ill person in prison as a form of cruelty.

Answer 50

D pleaded guilty to robbery and diagnosed with dissocial personality disorder. 2 psychiatrists recommended diversion but, despite numerous adjustments, no bed could be found. Sentenced to 3 years imprisonment for public protection.

Answer 51

R (DB) v Nottinghamshire

Answer 52

Armed himself with a knife and stabbed a person at a friends party for no apparent reason, he had schizophrenia, unfit to plead, transferred to a mental hospital and returned to court and pleaded guilty by reason of diminished responsibility. Rather than indefinite restricted hospital order, judge sentenced him to life imprisonment with minimum 12 years term. Given previous tendency for violence and gravity of the offence, CoA upheld the sentence.

Answer 53

Fort was 18 and of good character with no previous contact with mental health services. One day he stabbed his mother 35 times with a large kitchen knife whilst his father and sister were asleep upstairs, immediately rang emergency services stating he had killed her. CoA quashed the life sentence for murder and substituted s37/41 restricted hospital order as the most suitable method of disposing with the case.

Answer 54

Hospital and limitation direction - 'hybrid orders'

Answer 55

Combines a hospital order with a prison sentence. Provides appropriate disposal for mentally disordered offender highly responsible for his actions. Transferred to hospital for treatment but returned to prison once condition improves. Criteria same for s37 hospital orders.

Answer 56

1. Court must not feel circumscribed by psychiatric opinions. Even if 2 recommend hospital order, not sufficient on its own for disposal: court duty under s32(2)(b) to consider whether hospital order is most suitable. 2. Must consider a) extent to which d needs treatment for disorder, b) extent to which offending is attributable to mental disorder, or whether d's responsibility was diminished c) extent to punishment required 3. Must have regard to protection of the public 4. i) must consider whether disorder can be dealt with by hospital direction under 45A ii) if it can and 21 must make direction under 45A iii) if not, consider whether evidence fulfils requirements for hospital order under s37(2)(a) and restriction under 41, and whether 'most suitable for disposing case' s37(2)(b) 5. Must consider whether disorder can be dealt if the court determines the order is the most suitable method of dealing, should be made without interim order as acute pressure to secure beds.

Answer 57

MoJ fettered discretion to transfer convicted and unsentenced (s48) prisoners to hospital, usually with restrictions (s49)

Answer 58

Woman with long history of personality disorder attacked her husband and set fire to their flat. Psychiatrists attribute her actions to 'maladaptive behaviour' rather than psychosis and said she could be considered responsible. Prison was the best therapeutic setting.

Answer 59

Although s.47 transfers cannot be used simply to postpone the date of the prisoner’s release, “transfer to hospital involving admission, nursing, medical, and here psychological supervision, and staged discharged under medical supervision, is capable of amount to ‘treatment’…”

Answer 60

'Positive psychotherapeutic treatment' or specialist nursing care the 'milieu' therapy on the ward was sufficient to satisfy the test.

Answer 61

Article 5(1)(e) allows detention 'provided there is a need to control and supervise that individual in order to prevent harm to others'

Criminal Admissions Flashcards

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