<b><i>Reid v. the United Kingdom</i></b>: Restricted patients and the European Convention on Human Rights

Darjee, Rajan; Crichton, John

doi:10.1080/13691050500046182

Cited by 2 publications

(2 citation statements)

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“…Reid argued that the above legislation was retrospective and that the admission criteria did not mirror the discharge criteria, and as such it breached article 5(1)e ECHR (Darjee & Crichton, 2005). This was not successful.…”

Section: Reid's Appeals 1994-2007mentioning

confidence: 87%

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Restricted patient appeal against initial mental health disposal

Quinn

Darjee

Crichton

2009

Journal of Forensic Psychiatry & Psychology

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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.

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Section: Reid's Appeals 1994-2007mentioning

confidence: 87%

“…These have been described at length in Darjee and Crichton (2005). Reid's initial appeal to the Sheriff was made in 1994 on the treatability of his psychopathic disorder.…”

Section: Reid's Appeals 1994-2007mentioning

confidence: 97%