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Forensic Cases – Mentally disordered offenders

    May I thank you so much. Your kindness is very much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    Emma has commendable humane qualities that should be admired. She is a bright talented solicitor who is clearly dedicated to her job and believes in doing the best for her client…which quite frankly I find exceptional.

    Client testimonial about Emma Silburn - Mental Health

    Thank you for your letter. I was thrilled at the outcome of the tribunal, your client has spoke very highly of you and the expertise you offer, so I would like to thank you for helping one of our very special and valued volunteers.

    Client testimonial about Mike Bishop - Mental Health

    It was wonderful to meet you on the day and I still have not found enough words to say Thank you for all you are doing for my son.

    Client testimonial about Mike Bishop - Mental Health

    She believed in me and stood by me, even when times were difficult and I was beginning to buckle under the pressure she offered me strong shoulders.

    Client testimonial about Emma Silburn - Mental Health

    Just to say many thanks for your help and support before and during my tribunal. It was a pleasure to meet you.

    Client testimonial about Mike Bishop - Mental Health

    I am writing to say thank you so much for helping my daughter to obtain a discharge from her Section 2 of the Mental Health Act. I know it gave her great strength and hope at a time in her life when everything was extremely stressful and traumatic for her. Thank you once again for all your help.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for today. My reputation means everything so trying your hardest means everything to me.

    Client testimonial about Paul Harbison - Mental Health

    Just a note to sincerely thank you for yesterday. Without you I am sure my mother-in-law would still be subject to the Section.

    Client testimonial about Mike Bishop - Mental Health

    You are always so gentle and kind, and take care to explain things in great detail for me to understand.

    Client testimonial about Mike Bishop - Mental Health

    This is quite a complex situation that causes significant stress & anxiety to my friend, I am helping her cope with the situation and to get a better understanding of the process. We really appreciate your service and promptness, and wish to thank you very much for your professionalism.

    Client testimonial about Kathryn Smales - Mental Health

    Thank you for helping me out- I really appreciate it. You know something? I've always trusted you right from day one... you helped me out when everyone else ignored me. I like you and respect you.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for being there for me. Please accept my sincere thanks! Best Wishes.

    Client testimonial about Mike Bishop - Mental Health

    I just wanted to say what a privilege & a pleasure it has been to work with you on some of our shared allocations, & thank you for all your support & advice, which has been much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    The case was articulated with great clarity and skill by Mrs. Silburn (to whom we are very grateful)

    Client testimonial about Emma Silburn - Mental Health

    I can’t thank you enough for representing me at the Tribunal Hearing. Without that positive outcome I feel certain I could still be back in … lacking any impetus for change or renewal. I too enjoyed our meetings and remain optimistic that we shall not meet in relation to such circumstances again.

    Client testimonial about Mike Bishop - Mental Health

    Many thanks for representing me during those times.. thanks for being there.

    Client testimonial about Paul Harbison - Mental Health

    She made me feel a valued human being, preserved my dignity and that I was not just another case. She has a commendable understanding of mental health (MH) and if there were more people like Emma to represent those who suffer from a MH illness the world would be a more humane place.

    Client testimonial about Emma Silburn - Mental Health

    Thank you for your representation and best wishes, I found everyone I encountered at David Gray to be exceptional and will continue to recommend David Gray to friends in the future.

    Client testimonial about Emma Silburn - Mental Health

    Just a short note to say how much I appreciated you kind letter, following the Tribunal, which left me feeling very low. Your support, understanding, and professionalism made the nightmare of being in that 'institution' and that situation bearable.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for representing me. I am delighted with the outcome. I greatly appreciate the time and effort of going through with me. Please will you pass on my sincere gratitude to your colleague Emma for her dedicated approach to my case as well.

    Client testimonial about Mike Bishop and Emma Silburn- Mental Health

    Just wanted to say a quick thank you for the great work you did for my brother and especially the way you treated him with such dignity and respect.

    Client testimonial about Mike Bishop - Mental Health

    We have been on a long journey, with quite a way to go. But we are thrilled with the recent result. Thank you so much for giving us so much help and support. We're thrilled.

    Client testimonial about Mike Bishop - Mental Health

Forensic cases are cases where a person has been through the criminal courts and the court has made them subject to the Mental Health Act.

Upon sentencing a criminal court could impose:

  • An Interim Hospital Order

An Interim Hospital Order can be made for up to 12 weeks initially but can be renewed by the court for periods of up to 28 days, to a maximum of 12 months in total.  Medical reports can then be prepared to inform the court upon sentencing as to whether a full Hospital Order should be made

  • A Hospital Order

A Hospital Order can be made by either a Magistrates’ Court or a Crown Court if certain legal criteria are met.  The Order can last initially for up to 6 months.  This can be renewed for a further 6 months and then annually thereafter.  You can appeal against a Hospital Order to a Mental Health Tribunal but not within the first 6 months.  You can also appeal to the Hospital Managers.

  • A Guardianship Order

This Order can only be made if the proposed guardian agrees.  You can appeal in the same circumstances as if you were subject to a Hospital Order.

  • A Hospital Order with a Restriction 

If a Crown Court is satisfied that the criteria are met to make a Hospital Order but also feel that it is necessary to protect the public from serious harm they can also make a restriction order.  The main restriction is that you cannot be discharged, given leave, or transferred to another hospital without the approval of the Secretary of State if you are subject to this section.  The Secretary of State can discharge you from hospital either absolutely, or conditionally which could lead to you being recalled to hospital if you do not comply with the conditions.  You can also appeal to the Tribunal to be discharged absolutely or conditionally but not within the first 6 months.

  • A Hospital and limitation Direction known as a ‘Hybrid Order’ 

If a Crown Court is satisfied that certain criteria are met this order can be made which allows a mentally disordered offender to be transferred to hospital for medical treatment instead of prison however also provides for that person to be transferred to prison once treatment in hospital is no longer necessary, to serve the remainder of their sentence there.  Release from prison is by way of an application to the Parole Board and is not determined by the Mental Health Tribunal.

  • A Community Order

Upon conviction a court could make a Community Order requiring you to adhere to treatment for mental health.  This may or may not be in a hospital.  You must consent to this order and if you fail to comply with it you could be taken back to court and face breach proceedings.

For help, advice or representation, contact our experienced team in Newcastle or South Shields.

The team specialising in this area of work

  • Partner
  • Solicitor
  • Solicitor