Lee-Hirons, R (On the Application Of) v The Secretary of State for Justice
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE JACKSON
- SIR STANLEY BURNTON
Areas of Law
- Administrative Law
- Human Rights Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This case involved an appeal by Dale Lee-Hirons against an order dismissing his claim for judicial review related to his recall and detention in a hospital under section 42(3) of the Mental Health Act 1983. The appellant argued that his detention was unlawful and sought damages. The court held that the Secretary of State was not required to provide written reasons at the time of recall and that the oral reasons given were adequate. The delay in providing written reasons did not render the detention unlawful.
Judgment
Sir Stanley Burnton :
Introduction
This is an appeal by Dale Lee-Hirons, to whom I shall refer as the Appellant, against the order of Dingemans J dated 28 June 2013 dismissing his claim for judicial review against the Respondent, the Secretary of State for Justice. It raises significant questions as to the procedure to be followed when a person is recalled by the Secretary of State to be detained in a hospital under the power conferred by section 42(3) of the Mental Health Act 1983. The Appellant contends that his recall was effected unlawfully, and that his subsequent detention was unlawful. He claims damages for false imprisonment or pursuant to the Human Rights Act 1998. As I have already mentioned, the Judge dismissed his claim, holding that the decision of the Secretary of State and the Appellant’s detention were lawful.
The Facts
I can take the background facts and those relating to the Appellant’s conditional discharge from the Judge’s clear judgment.
“8. The Claimant was born on 23 August 1966. He has 61 convictions for a variety of offences. The majority involve theft, fraud and offences against property. He has two convictions for arson. In December 2003 he had been informally admitted to hospital. He was discharged in February 2004 with a diagnosis of mania with possible schizophrenic features.
9. In March 2004 he was admitted to hospital again. He was then reported (as appears from summaries set out in various reports) to have had a chronic fixed delusion of a snake being in his spine because of his past sins. He showed aggression towards staff and other patients. On discharge his diagnosis was chronic paranoid delusional disorder, amphetamine and cocaine misuse, and a sociopathic personality disorder.
10. The relevant conviction was on 10 November 2006 when the Claimant was convicted of arson and burglary. He had burgled a charity shop to steal money, and then he had set the shop alight. When he was sentenced by the Crown Court a hospital order and a restriction order were made, pursuant to sections 37 and 41 of the Mental Health Act.
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15. On 27 January 2008 the Claimant applied to the First Tier Tribunal for discharge from the hospital from the First Tier Tribunal.
16. On 18 March 2008, after hearing evidence, the First Tier Tribunal decided that the Claimant was suffering from a mental disorder which made it appropriate for him to be liable to be detained in a hospital for medical treatment. The Tribunal decided that