R v Birch

(1990) 2 Med LR 77

COURT OF APPEAL

Lord Justice MUSTILL, Mr Justice SAVILLE, and Mr Justice MCKINNON

Mental health — Offender — Restriction order — Protection of public — Plea of manslaughter by reason of diminished responsibility accepted — Unanimous medical opinion that offender required mental treatment but was not threat to public safety — Hospital order made — Whether court had jurisdiction to make restriction order without limitation of time — Whether order “necessary” for protection of public “from serious harm” — Mental Health Act 1983 sections 37, 41