Practice and Procedure

R v TERRY JAMES F (2003)

PUBLISHED May 19, 2003

[2003] EWCA Crim 1625

Where a defendant was held to be unfit to plead and findings were made that he had done the acts alleged, orders made under the Mental Health Act 1983 were ultra vires. The Court of Appeal had no jurisdiction to hear appeals against the orders as there had been no conviction and it had to re-constitute as a divisional court, set aside the orders and remit the matter to the Crown Court.

CA (Crim Div) (Kennedy LJ, Pitchers J, Simon J)