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The restricted hospital order

Published online by Cambridge University Press:  02 January 2018

Graham Robertson*
Affiliation:
Institute of Psychiatry, De Crespigny Park, London SE5
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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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Articles
Creative Commons
Creative Common License - CCCreative Common License - BY
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.
Copyright
Copyright © Royal College of Psychiatrists, 1989

References

1. Royal Commission (1957) Royal Commission on the Law relating to Mental Illness and Mental Deficiency. Cmnd. 169. London: HMSO.Google Scholar
2. Walker, N. & McCabe, S. (1973) Crime and Insanity in England Vol. 2. Edinburgh University Press: Edinburgh.Google Scholar
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.Google Scholar
4. DHSS, Home Office (1986) Offenders Suffering from Psychopathic Disorder. Crown copyright.Google Scholar
5. DHSS, Home Office, Welsh Office, Lord Chancellor's Department (1978) Review of the Mental Health Act 1959. Cmnd. 7320. London: HMSO.Google Scholar
6. Prins, H. (1980) Offenders, Deviants or Patients? London: Tavistock.Google Scholar
7. Rollin, H. R. (1969) The Mentally Abnormal Offender and the Law. Pergamon Press: Oxford.Google Scholar
8. Dell, S. & Robertson, G. (1988) Sentenced to Hospital. Oxford: Oxford University Press.Google Scholar
9. Ashworth, A. & Gostin, L. (1985) Mentally disordered offenders and the sentencing process. In Secure Provision (ed. Gostin, L.). London: Tavistock.Google Scholar
10. Home Office, DHSS (1975) Report of the Committee on Mentally Abnormal Offenders (Butler Committee report) Cmnd. 6244. London: HMSO.Google Scholar
11. Tidmarsh, D, (1981) Letter, Bulletin of the Royal College of Psychiatrists, 5, 211.Google Scholar
12. Peay, J. (1981) Mental Health Review Tribunals after the Mental Health Act 1983, Unpublished Report to DHSS.Google Scholar
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