H, R (on the application of) v Mental Health Review Tribunal

Computer-Aided Transcript of the stenograph notes of Smith Bernal Reporting Limited, 190 Fleet Street, London EC4A 2AG Telephone No: 020 7404 1400 Fax No: 020 7404 1424 (Official Shorthand Writers to the Court)

MR KRIS GLEDHILL (instructed by Peter Edwards & Co, Ventura House, 8, Market Street, Hoylake, Wirral CH47 ZAE) appeared on behalf of the Claimant MS NATHALIE LIEVEN (instructed by Treasury Solicitors) appeared on behalf of the Defendant ____________________

(a) the court is satisfied, on the written or oral evidence of two registered medical practitioners, that the offender is suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment and that either-

(i) the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and, in the case of psychopathic disorder or mental impairment, that such treatment is likely to alleviate or prevent a deterioration of his condition; or

(ii) in the case of an offender who has attained the age of 16 years, the mental disorder is of a nature or degree which warrants his reception into guardianship under this Act;