§ Sir Ian Percival
asked the Secretary of State for the Home Department what are his reasons for recalling a restricted patient, James Kay (Lang), and if he will make a statement.
§ Mr. Mellor
James Kay, formerly known as James Lang, was conditionally discharged on 9 April 1985 from Park Lane hospital, Liverpool. where he was detained as a restricted patient following his conviction in 1971 for manslaughter of a young girl. His discharge was in accordance with a direction given on 19 March by a mental health review tribunal. My right hon. and learned Friend the then Home Secretary and I took a very serious view of Mr. Kay's case, and opposed his discharge on the grounds that it would constitute an unacceptable risk to public safety.
On 23 October 1985 Mr. Kay was charged with assault occasioning actual bodily harm and a further charge of unlawful wounding was brought on 28 October. Both charges relate to attacks on young women. He is now remanded in custody at HMRC Risley. On 23 October my right hon. Friend the Home Secretary issued a warrant of 553W recall under section 42 of the Mental Health Act 1983. The effect of this is that, if Mr. Kay were not detained in custody pending trial, he would be returned to hospital.