I’ve just had a s37/41 recall hearing where the Judge has insisted on adjourning. The reason for this is because the RC has changed her mind in the last few days and now supports conditional discharge but the MOJ haven’t specifically been able to comment on this and should be able to do so. Obviou…

Hi Rob Over the years I have had several occasions where the MOJ have taken issue with not being informed that there was new evidence before the MHT on the day, that they had not seen or commented upon. Given they are a party, they have a right to see and comment on evidence, even if they might jus…

Thanks Ben, gone are the days it seems of tribunals saying ‘the moj comments are always the same let’s crack on’ I don’t disagree that as a party they should be able to comment. Just wondered if anyone had any creative counter arguments

The protocol between the MOJ and MHT ( HMCTS and MOJ, ‘Guidance for the conduct of cases before the restricted patient panel’ (29/3/16) ) still appears on the Gov.uk website and contains the following: No notice evidence 2.20 The approach to ‘no notice’ oral evidence which directly contradicts the …

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Adjourned Restricted Hearing

Law and practice Mental Health Tribunal

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