Practice and Procedure

R V SNARESBROOK CROWN COURT, EX PARTE JOHN KENNEALLY (2001)

PUBLISHED November 27, 2001
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[2001] EWHC Admin 968

The High Court had jurisdiction in judicial review to quash a hospital order made under s.51 Mental Health Act 1983 where the Crown Court had misdirected itself on the proper test to decide whether it was "inappropriate" for the accused to attend court. Whilst "inappropriate" did not mean physically impossible, a high degree of disablement or relevant disorder had to be present.

DC (Pill LJ, Rafferty J, Tomlinson J)

27/11/2001

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