23 October 2014
R (on the application of M) v Kingston Crown Court; M v Wells Unit West London Mental Health Trust [2014] EWHC 2702 (Admin), [2014] All ER (D) 02 (Oct)
The claimant, aged 17, was facing trial for assault. He sought judicial review of the judge’s order under s 35 of the Mental Health Act 1983, remanding him to hospital for a report to be made on his mental condition. The Divisional Court, in allowing the application, held that s 35 of the Act did not permit an order to be made for the purpose of obtaining evidence relevant to an issue at trial. Although relating to a trial on indictment, the order was quashed, as it contained a jurisdictional error of such gravity as to take the case out of the jurisdiction of the court below.
