The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing that the criteria for appointing judges who, on appointment, will be authorised to chair restricted patients cases in the mental health jurisdiction in the health, education and social care chamber of the first-tier tribunal will be amended to better reflect the needs of the jurisdiction.
Restricted patients cases involve individuals who are detained in hospital by virtue of a restriction order imposed by the Crown court, or by virtue of being transferred from prison by direction of the Secretary of State. The convention has been that retired circuit judges or recorder QC judges who chair the cases must refrain from chairing cases once five years post retirement has passed. The convention was designed to provide assurance that an experienced member of the judiciary would be involved in decisions on whether to direct the discharge of a patient and the concept of experience was predicated entirely on current experience of criminal sentencing.
The existing criteria no longer provide the most appropriate basis for determining competency for hearing restricted patient cases. While experience of criminal sentencing remains central, I recognise that restricting eligibility to recorder silks for appointment to the tribunal for the purpose of chairing restricted patient cases excludes non-silk recorders with heavyweight crime experience or substantial relevant experience in such areas as restricted patients cases or the Parole Board. I also recognise that requiring retired circuit judges or recorders to refrain from sitting after five years on the panel, in the absence of other factors to suggest they are not suitable, removes individuals with significant and continuing experience of working in this specialist jurisdiction. Deployment of available judges is a matter for the senior president of tribunals.
The changes will increase the pool from which potential chairing judges are drawn, and will retain the services of experienced judges.