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The restricted hospital order

  • Graham Robertson (a1)
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Under the 1959 Mental Health Act of England and Wales, it was possible for courts to sentence offenders to hospital provided they had been found guilty of an offence which was punishable by a term of imprisonment. Higher courts could add restrictions to a hospital order if they so wished. This power has been retained in the 1983 Mental Health Act and this paper examines the nature and use of the restricted hospital order.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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1. Royal Commission (1957) Royal Commission on the Law relating to Mental Illness and Mental Deficiency. Cmnd. 169. London: HMSO.
2. Walker, N. & McCabe, S. (1973) Crime and Insanity in England Vol. 2. Edinburgh University Press: Edinburgh.
3. Robertson, G. (1982) The 1959 mental health act of England and Wales: Changes in the use of its criminal provisions. In Abnormal Offenders, Delinquency and the Criminal Justice System (eds. Gunn, J. & Farrington, D. P.). Chichester: Wiley.
4. DHSS, Home Office (1986) Offenders Suffering from Psychopathic Disorder. Crown copyright.
5. DHSS, Home Office, Welsh Office, Lord Chancellor's Department (1978) Review of the Mental Health Act 1959. Cmnd. 7320. London: HMSO.
6. Prins, H. (1980) Offenders, Deviants or Patients? London: Tavistock.
7. Rollin, H. R. (1969) The Mentally Abnormal Offender and the Law. Pergamon Press: Oxford.
8. Dell, S. & Robertson, G. (1988) Sentenced to Hospital. Oxford: Oxford University Press.
9. Ashworth, A. & Gostin, L. (1985) Mentally disordered offenders and the sentencing process. In Secure Provision (ed. Gostin, L.). London: Tavistock.
10. Home Office, DHSS (1975) Report of the Committee on Mentally Abnormal Offenders (Butler Committee report) Cmnd. 6244. London: HMSO.
11. Tidmarsh, D, (1981) Letter, Bulletin of the Royal College of Psychiatrists, 5, 211.
12. Peay, J. (1981) Mental Health Review Tribunals after the Mental Health Act 1983, Unpublished Report to DHSS.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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The restricted hospital order

  • Graham Robertson (a1)
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