Monday, July 16, 2012

Ian Brady:Mental Health Tribunal Decision


Re: Ian Brady
Reasons for the Tribunal’s Decision
6th July 2012
The Tribunal yesterday received information concerning the medical condition of Ian Brady following his admission to hospital on Tuesday 3rd July 2012. It also received submissions on his behalf from Mr Hugh Southey Q.C. and from Miss Eleanor Gray Q.C. on behalf of the Responsible Authority, Ashworth Hospital.
The Tribunal accepted that Mr Brady’s medical condition, though not life threatening, is such as to preclude his attendance and proper participation in the hearing in public which is listed for Monday 9th July 2012.
The Tribunal considered that it would not be proper to continue in his absence as it had been a significant factor in the decision to grant a hearing in public that he would participate in such a hearing.
The Tribunal further considered whether the situation could be accommodated by a short postponement. It concluded that, given the present prognosis, that would not be practical.
The Tribunal are acutely aware of the public interest in this case being resolved as soon as possible and of the extensive arrangements which have been made to facilitate its hearing. But in the circumstances the Tribunal had to conclude that the forthcoming hearing must be adjourned to a date to be fixed when the commitments of those involved have been ascertained because of Mr Brady’s present physical condition.
His Honour Judge Robert K. Atherton
6th July 2012


Mental Health Tribunal decision on media attendance at Ashworth Hospital hearing Arrangements have been made for the hearing in public of the application by Mr Ian Brady. The Tribunal will sit at Ashworth Hospital, Merseyside and the proceedings will be relayed to the Civil Justice Centre Manchester.
ian-brady-tribunal-decision-june-2012.pdf (PDF 99.0kb)
 

 

Re the Application of Ian Brady
Notice to the media
The Tribunal made the following order which contains information for the General Public.
1. The Hearing is listed for Monday 9th July 2012 with a time estimate of 8 days.
2. The Tribunal will convene at Ashworth Hospital and the proceedings will be relayed by Close Circuit Television to the Civil Justice Centre Manchester where members of the General Public (including the media) will be able to observe the proceedings.
3. No member of the General Public will be admitted to the hearing room at Ashworth Hospital. Further consideration is being given to the position of the media’s attendance at Ashworth Hospital and a Direction will be issued as soon as possible.
His Honour Judge Robert K. Atherton
9th March 2012



The Tribunal Procedure (First-tier Tribunal) Health Education & Social Care Chamber Rules 2008
Re: Ian Brady
Judgment re: Publication of the Tribunal’s Decision
In a decision given on 17th October 2011, the application by Mr Ian Brady for a hearing in public that his application dated 4th August 2010 should be held in public was granted. The date of the hearing and appropriate arrangements are presently being determined and will be published as soon as possible. The fact of this decision should be published. The Tribunal also ordered that the reasons for the decision must not to be made public.
His Honour Judge Robert K. Atherton
7th December 2011



 
 
http://www.judiciary.gov.uk/media/judgments/2012/ian-brady-mental-health-tribunal-decision