Practice and Procedure

R v DONNA OSKER (2010)

PUBLISHED March 25, 2010

[2010] EWCA Crim 955

A sentencing judge imposing a hospital order under the Mental Health Act 1983 s.37 had been wrong to also impose a restriction order under s.41 where such an order had not been recommended by any medical expert in the case and where they had testified that such an order would have adverse consequences on the patient's treatment plan. It was an insufficient basis to infer from the patient's antecedents or the facts of the instant offence that a risk to the public existed.

CA (Crim Div) (Elias LJ, Jack J, Judge Radford)