Tim Akers recently won an appeal at the Court of Appeal against the sentence imposed on a vulnerable client with a co-morbid diagnosis of Schizoid Personality Disorder and Autistic Spectrum Disorder.

Notwithstanding that permission to appeal had been refused by the Single Judge on the basis that the appeal was “not arguable”, the application was renewed before the full Court, and Tim went on to successfully appeal against the client’s Restriction Order that had been imposed under section 41 of the Mental Health Act 1983.

During the hearing, the Court commended Tim’s “attractive and well-focused submissions”, accepting the argument that a s.41 order was not justified on the facts of the case.

The legal significance of the case is that, in future, Crown Courts are likely to consider more carefully whether a simple Hospital Order under s.37 of the Mental Health Act could afford a sufficient degree of protection for the public, before taking the draconian step of imposing an additional Restriction Order alongside it.

To enquire about instructing Tim on any matter, please contact Tony George, on 01962 868161 or via email t.george@pumpcourtchambers.com