H, R (on the application of) v Ashworth Hospital Authority

SIR CHRISTOPHER BELLAMY QC (sitting as a deputy High Court Judge) ____________________ THE QUEEN on the application of ROBERT H Claimant and ASHWORTH HOSPITAL AUTHORITY Defendant ____________________ (Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Robert Jay QC and Fenella Morris, instructed by Hogans, 10 Station Street, Rainhill, Merseyside, appeared on behalf of the Claimant John Howell QC and Oliver Thorold, instructed by Messrs Reid Minty, 14 Grosvenor Street, London W1K 4PS, appeared on behalf of the Defendant ____________________ HTML VERSION OF JUDGMENT AS APPROVED BY THE COURT ____________________ Crown Copyright ©

In considering what represents grave danger requiring conditions of special security, one or more of the following factors, in addition to mental disorder, must be present before admission to Ashworth Hospital can be contemplated.

c. Aggressive feelings towards a particular person which, in the absence of that person, may be replaced by serious violence to others (displaced aggression).

d. Psychotic symptoms involving specific people which could lead to violent acts against them.