R, R v

A valid application for hospital admission under section 2 of the Mental Health Act 1983 authorises the applicant, or a person authorised by the applicant, to take the patient to hospital under section 6(1). It does not itself authorise a forced entry that would otherwise be a trespass. A warrant under section 135 is required for that purpose unless another lawful power applies.

Whether entry is trespass depends on the person’s rights in the premises. A hotel guest who has only a limited licence to use a room, and no right to exclude others, cannot rely on section 135 to challenge entry made with the hotel’s permission. Reasonable force may then lawfully be used to convey the patient to hospital.

The appellant was convicted at Nottingham Crown Court of causing grievous bodily harm with intent after he injured a police officer during an attempt to take him to hospital for assessment and treatment.

Two doctors made the written recommendations required for an application under section 2 of the Mental Health Act 1983. The police had no section 135 warrant. They forced open a hotel room which the appellant had been permitted to use only for watching television, before a struggle in which the officer was injured.

The appeal against conviction challenged the judge’s direction that the police could lawfully detain the appellant and use reasonable force. The appellant also sought permission to appeal a hospital order and an unrestricted restriction order.

Disposition

The court dismissed the appeal against conviction and refused permission to appeal against sentence.

1. A valid section 2 application had been made by the approved social worker on the two doctors’ written recommendations. Under section 6(1) of the Mental Health Act 1983, this gave the social worker and those authorised by her sufficient authority to take the appellant to hospital. The police had been so authorised.

2. Section 137(2) gave the officers the ordinary powers and protections of constables. It did not itself confer a power forcibly to enter premises merely because a person was liable to be taken to hospital. A completed admission application likewise did not make a forced entry lawful where it would otherwise be trespass. In that situation, a section 135 warrant is the means by which entry by force becomes lawful for the statutory purpose. A different purpose, such as one within section 17(1) of the Police and Criminal Evidence Act 1984, may engage a different power.

3. No warrant was required on these facts. The police entered the hotel with its permission. The appellant had only a limited licence to use room 9 for television and on conditions that he did not lock himself in or exclude others. He had no exclusive occupation and no civil claim in trespass could arise from the officers’ entry. Their entry and detention of him were therefore lawful, whether the physical detention occurred in the room or corridor. The trial judge’s direction that reasonable force could be used was correct.

4. The unrestricted restriction order under section 41 was justified. The sentencing judge had properly considered the appellant’s serious mental disorder, lack of insight, poor compliance with medication, the gravity of the incident and the resulting risk of serious public harm. The absence of previous convictions did not make the order unnecessary.

• Court of Appeal (Criminal Division): In [2003] EWCA Crim 3242, the court dismissed the appeal against conviction and refused permission to appeal against sentence.
• Crown Court at Nottingham: On 18 January 2002, the appellant was convicted of causing grievous bodily harm with intent. The judge made a hospital order under section 37 of the Mental Health Act 1983 and an unrestricted restriction order under section 41.