ABSENT DEFENDANTS

The High Court had jurisdiction in judicial review to quash a hospital order made under s.51 Mental Health Act 1983 where the Crown Court had misdirected itself on the proper test to decide whether it was “inappropriate” for the accused to attend court. Whilst “inappropriate” did not mean physically impossible, a high degree of disablement or relevant disorder had to be present.

[2001] EWHC Admin 968