Restricted patient appeal against initial mental health disposal

Alex Quinn, Rajan Darjee, John Crichton

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

This paper describes the recent decision of the Scottish Court of Criminal Appeal in the case of a restricted patient convicted of homicide by reason of diminished responsibility in 1967. Mr Reid had initially been detained under a hospital order with restrictions under the legal category of mental deficiency. The appellant was contesting this initial mental health disposal as it had since become clear he did not have a learning disability and was subsequently detained by virtue of a personality disorder diagnosis. It was put to the Court of Appeal that the original disposal was not informed by proper expert opinion, as evidenced by the court reports, and that a criminal justice disposal should be substituted. Reid believed he was more likely to be eventually released into the community from an indeterminate prison sentence than from a restricted hospital order. The court rejected the appeal, finding that the court reports presented at the time of disposal may not have reflected the full assessment of the experts who may also have given further explanation of their views in oral evidence.
Original languageEnglish
Pages (from-to)167-173
JournalThe Journal of Forensic Psychiatry & Psychology
Volume20
Issue number2
DOIs
Publication statusPublished - 1 Apr 2009

Keywords / Materials (for Non-textual outputs)

  • restricted patient
  • appeal
  • personality disorder
  • disposal

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