R (C) v Secretary of State for Justice (Media Lawyers Association intervening)

Subject Matter

MENTAL DISORDER — Patient — Anonymity — Mental patient compulsorily detained in psychiatric hospital — On release from hospital patient committing double murder — Patient convicted and sentenced to life imprisonment — While serving sentence patient transferred to psychiatric hospital — After completion of tariff period of life sentence patient applying for unescorted leave in the community — Secretary of Sate refusing application — Patient seeking judicial review and anonymity order — Whether general presumption of anonymity in civil proceedings relating to patients detained in psychiatric hospital — Whether anonymity order to be made — CPR r 39.2(4)

[2016] UKSC 2; [2016] 1 WLR 444; [2017] 1 All ER 513; [2016] WLR (D) 34; Case details, SC(E)

MENTAL DISORDER — Admission for treatment — Compulsory detention — Claimant committing double murder on release from compulsory detention in psychiatric hospital — Claimant convicted and sentenced to life imprisonment — While serving sentence claimant transferred to high security psychiatric hospital and later to medium security hospital — After completion of tariff period of sentence claimant’s responsible clinician applying for claimant to have unescorted leave in the community so as to assess his suitability for discharge — Application refused by Secretary of State — Claimant seeking judicial review and anonymity order for non disclosure of his identity — High Court dismissing claim and refusing anonymity order — Court of Appeal dismissing appeal against refusal of anonymity order — Whether general presumption of anonymity in civil proceedings relating to patients compulsorily detained in psychiatric hospitals — Whether anonymity order to be made in claimant’s case

[2016] UKSC 2; [2016] 1 WLR 444; [2017] 1 All ER 513; [2016] WLR (D) 34; Case details, SC(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Children and Protected Parties - Court approval of settlement of a claim involving a child or protected party 14.22

Privacy, Freedom of Expression and Injunctions - Article 10 91.56