2025

Cases Reported

Thierry Ehrmann v France	1
Issue: Whether the failure to follow procedural protections for a person with disabilities breached his right to a fair trial; whether a finding of inadmissibility by the ECtHR meant that the Human Rights Committee could not consider the matter.

VI v Republic of Moldova	11
Issue: Whether the placement of a child with an intellectual disability in a psychiatric hospital, including on an adult unit, and the conditions of detention and treatment breached Arts 3 and/or 8 ECHR, Art 13 and Art 14.

R v Kamaladin Ismael	51
Issue: Whether convictions should be set aside on the basis that the defendant was unfit to stand trial; whether the lawyers for the defendant failed to act on evidence as to unfitness to stand trial that was available prior to sentence; the powers of the Court of Appeal.

R v Valdo Calocane (Reference by HM Solicitor General under s36 Criminal Justice Act 1988)	63
Issue: Whether orders under ss37/41 Mental Health Act 1983 rather than life imprisonment with an order under s45A of the 1983 Act for offences of manslaughter by reason of diminished responsibility and attempted murder were unduly lenient in light of the medical evidence as to the causation of the offending and the risk posed.

R v Jamie Edwin Barrow	77
Issue: The correct minimum term of imprisonment for a defendant who had killed 3 people via arson; whether his personality disorders reduced culpability.

R v Joshua Gilligan	87
Issue: Whether a custodial sentence for robbery should have been suspended in light of the mental health of the defendant.

R v AYP	91
Issue: Whether a judge had been entitled to order to lie on the file a charge of possession of a bladed instrument when the defendant had been seeking help for mental health delusions and had spent more time in custody than would be imposed as a sentence but the prosecution decided that there was a public interest in proceeding with the charge.

Surrey Police v (1) PC (by his litigation friend, the Official Solicitor), (2) Surrey and Borders Partnership NHS Foundation Trust and (3) Surrey County Council	97
Issue: The steps to be taken if an application is to be made for a High Court order to deprive a person of their liberty in a police cell when a bed in a psychiatric hospital is not available and there are doubts about the legal framework for detention; who should pay the costs of the Official Solicitor.

Re MK: Deprivation of Liberty and Tier 4 Beds	103
Issue: Whether the court should authorise the detention in a general paediatric ward of a child at risk of self-harm and death who met the criteria for detention under s2 Mental Health Act 1983 but was refused a bed in a closed unit because it was thought to be counter-therapeutic; the impact of Art 2 ECHR.

OO v (1) Central and North West London NHS Foundation Trust and (2) Secretary of State for Justice	109
Issue: Whether a Tribunal had erred in law in failing to adjourn to allow a restricted patient to obtain an independent psychiatric report when a previous responsible clinician supported a deferred conditional discharge but a new responsible clinician opposed such a course; the requirements of equality of arms in the context; the impact of reliance on medical reports by other psychiatrists not called to give evidence but to whom the responsible clinician deferred.

William Sartin v R	118
Issue: Whether it was proper for the judge who had discharged a jury in light of jury tampering to continue with a judge-alone trial in circumstances including making findings in fitness to stand trial proceedings that the defendant had exaggerated the severity of his depression and memory loss and expressing a provisional view when the defendant did not appear on the first day of trial because of an apparent suicide attempt that the defendant might be seeking to delay the trial.

(1) North Tees and Hartlepool NHS Foundation Trust and (2) Tees Esk and Wear Valley NHS Trust v (1) KAG (by her litigation friend, the Official Solicitor), (2) Mr G and (3) Stockton-on-Tees Borough Council	126
Issue: Whether providing nutrition and hydration through a percutaneous gastrostomy tube for a patient detained under s3 Mental Health Act 1983 who had severe depression and was refusing to eat or drink was treatment covered by s63 of the Act; whether a declaration to that effect should be granted under the inherent jurisdiction of the High Court; costs.

Victoria Goldsmith v R	132
Issue: Whether in relation to a defendant found unfit to stand trial, the jury considering whether the defendant committed the act of possession of a controlled drug with intent to supply had to consider whether the prosecution had proved the intention to supply or only had to consider whether the prosecution had proved possession, including awareness, and that the substance possessed was a controlled drug; the principles to be applied in determining what had to be considered by the jury.

Tarjit Singh v R	143
Issue: Whether an extended sentence of 13 years for assault by penetration was manifestly excessive in light of mental health matters and gender dysphoria.

(1) Mark Anthony Sammut (on his own behalf and as Administrator of the Estate of Paul Sammut (Deceased)), (2) Patricia Sammut, (3) Claire Sammut, (4) Dillan Sammut v (1) Next Steps Mental Healthcare Ltd (formerly K Bond Healthcare Ltd t/a Next Steps, (2) Greater Manchester NHS Foundation Trust	151
Issue: Whether a private nursing home was exercising functions of a public nature for the purposes of the Human Rights Act 1998; whether the circumstances in which a patient died from side effects linked to treatment for schizophrenia engaged Art 2 ECHR; whether civil claims under the 1998 should be struck out or subject to summary judgment in favour of the private nursing home.

Oliver Campbell v R	158
Issue: Whether convictions for murder and conspiracy to rob which rested in part on admissions by a man with intellectual impairments were safe in light of further research on false confessions; whether a retrial should be ordered.