§ Mr. Christopher Priceasked the Secretary of State for Social Services how many orders have been made for compulsory detention under various sections of the Mental Health Act 1959 in each of the last five years; whether they were challenged in court; and whether the challenge was sustained in any instance.
§ Dr. OwenThe number of such orders made in England and Wales was as follows:
About two-thirds of orders made under Section 60 are made by magistrates; these orders can be challenged by an appeal to the Crown Court against sentence or conviction. No information identifying appeals against Section 60 orders is readily available. Orders made by the Crown Court can be challenged by an appeal to the Court of Appeal (Criminal Division) against sentence or conviction. No information is readily available about the number of applications for leave to appeal, nor about the 119W number of unsuccessful appeals, in cases where Section 60 or Sections 60 and 65 orders were ultimately made.
The number of appeals in such cases in the years 1970 to 1974 where the conviction was quashed and the order was, therefore, also quashed and the order was, in which the order only was quashed were as follows:
Conviction quashed Order only quashed 1970 … … — — 1971 … … — — 1972 … … — — 1973 … … 1 1 1974 … … — 1