Practice and Procedure

R (on the application of DAVID GRANT JUNCAL) v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) EAST LONDON & THE CITY MENTAL HEALTH NHS TRUST (3) SCOTTISH MINISTERS (4) SECRETARY OF STATE FOR NORTHERN IRELAND (2007)

PUBLISHED December 19, 2007
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[2007] EWHC 3024 (Admin)

Subordinate legislation allowing the detention in hospital of a defendant following a finding that he was unfit to be tried was lawful, since the detention was not arbitrarily determined but was achieved by informed opinion, and the court had significant safeguards to protect those defendants that were likely to be acquitted.

QBD (Admin) (Wyn Williams J)

19/12/2007

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