[2007] EWCA Crim 3436

A restriction order made pursuant to the Mental Health Act 1983 s.41 was quashed where there was insufficient evidence to justify the conclusion that the order was necessary for the purpose of protecting the public from serious harm and where the court had departed, without explanation, from medical recommendations that the order was not required.

CA (Crim Div) (King J, Judge Warwick McKinnon)

08/11/2007