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Research Articles

The ‘Hybrid Order’: origins and usage

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Pages 325-336 | Received 22 Feb 2014, Accepted 05 Feb 2015, Published online: 16 Mar 2015

References

  • Appelbaum, P. (2008). Ethics and forensic psychiatry: Translating principles into practice. Journal of the American Academy of Psychiatry and Law, 36, 195–200.
  • Chiswick, D. (1996). Sentencing mentally disordered offenders. British Medical Journal, 313, 1497–1498.10.1136/bmj.313.7071.1497
  • Committee on Mentally Abnormal Offenders (Butler Committee) Report. (1975). Paragraph 19.5. London: HMSO.
  • Convention for the Protection of Human Rights and Fundamental Freedoms (The European Convention on Human Rights). (1950). Council of Europe.
  • Darjee, R., Crichton, J., & Thomson, L. (2000). Crime and punishment (Scotland) Act 1997: A survey of psychiatrists’ views concerning the Scottish ‘hybrid order’. The Journal of Forensic Psychiatry, 11, 608–620.10.1080/09585180010006223
  • Department of Health. (1993). Legal powers on the care of mentally ill people in the community: Report of the internal review. London: HMSO.
  • Department of Health. (1994). Guidance on the discharge of mentally disordered people and their continuing care in the community. Health Service Guidelines (27). London: HMSO.
  • Eastman, N. (1996). Hybrid orders: An analysis of their likely effects on sentencing practice and on forensic psychiatric practice and services. Journal of Forensic Psychiatry, 7, 481–494.
  • Eastman, N. (1997). Hybrid justice: Proposals for the mentally disordered in the crime (sentences) Bill – The ethical, legal and health service cost implications. Psychiatric Bulletin, 21, 129–131.10.1192/pb.21.3.129
  • Eastman, N. (1999). Public health psychiatry or crime prevention? British Medical Journal, 318, 549–551.10.1136/bmj.318.7183.549
  • Eastman, N., & McInerny, T. (1997). Psychiatrists and the death penalty: Ethical principles and analogies. The Journal of Forensic Psychiatry, 8, 583–601.10.1080/09585189708412278
  • Eastman, N., & Peay, J. (1998). Sentencing psychopaths: Is the ‘hospital and limitation direction’ an ill-considered hybrid? Criminal Law Review, 93–108.
  • Home Office. (1990). Circular 66/90: Provision for mentally disordered offenders. London: HMSO.
  • Home Office. (1996a). Protecting the public: The government’s strategy on crime in England and Wales. Command Number 3190, paragraph 8.12. London: HMSO.
  • Home Office. (1996b). Mentally disordered offenders: Sentencing and discharge arrangements – A discussion paper on a proposed new power for the courts. London: HMSO.
  • Home Office & Department of Health and Social Security Working Party on Psychopathic Disorder. (1986). Report of the department of health and social security and home office working group on psychopathic disorder. Department of Health and Social Security and Home Office.
  • Laing, J. (1996). The proposed ‘hybrid order’ for mentally disordered offenders – A step in the right direction? The Liverpool Law Review, 18, 127–146.
  • Lord Bingham of Cornhill (then Lord Chief Justice). (1997). Second Reading of the Bill in the House of Lords. Lord Bingham stated: ‘... if as the century and the millennium slide to a close, our penal thinking is to be judged by the thinking which animates this Bill, then I for one will shrink from the judgement of history.’
  • Lord Taylor of Gosforth (then Lord Chief Justice). (1996). Turning to the White Paper. Hansard, 4th November 1996: Column 936.
  • Marshall, M., Lewis, S., Lockwood, A., Drake, R., Jones, P., & Croudace, T. (2005). Association between duration of untreated psychosis and outcome in cohorts of first-episode patients. Archives of General Psychiatry, 62, 975–983.10.1001/archpsyc.62.9.975
  • Ministry of Justice. (2010). Green paper: Breaking the cycle: Effective punishment, rehabilitation and sentencing of young offenders. London: HMSO.
  • Ministry of Justice Statistical Bulletin. (2007). Statistics of mentally disordered offenders 2006. London: HMSO.
  • Peay, J. (1988). Offenders suffering from psychopathic disorder – The rise and demise of a consultation document. British Journal of Criminology, 28, 67–81.
  • Reed, J. (1992). Review of health and social services for mentally disordered offenders and others requiring similar services. London: HMSO.
  • Bradley Report. (2009). Lord Bradley’s review of people with mental health problems or learning disabilities in the criminal justice system. London: HMSO.
  • Report of the Department of Health and Home Office Working Group on Psychopathic Disorder. (1994). London: HMSO.
  • Ritchie, J., Dick, D., & Lingham, R. (1994). The report of the inquiry into the care and treatment of Christopher Clunis. North East Thames and South East Thames Regional Health Authorities. London: HMSO.
  • Royal College of Psychiatrists. (1996a). Report of the confidential inquiry into homicides and suicides by mentally disordered offenders. London: Author.
  • Royal College of Psychiatrists. (1996b). Response to the proposal to introduce the ‘Hybrid Order’ (Mentally disordered offenders: Sentencing and discharge arrangements – A discussion paper on a proposed new power for the courts). London: Author.
  • Scottish Office Home Department. (1996). Crime and punishment. Command Number 3302, Edinburgh: Author.
  • Taylor, P., Graf, M., Schanda, H., & Völlm, B. (2012). The treating psychiatrist as expert in the courts; is it necessary or possible to separate the roles of physician and expert? Criminal Behaviour and Mental Health, 22, 271–292.10.1002/cbm.1843
  • Thompson, L. (1999). Crime and Punishment (Scotland) Act 1997: Relevant provisions for people with mental disorders. Psychiatric Bulletin, 23, 68–71.10.1192/pb.23.2.68
  • Ward, R. (1997). Criminal sentencing: The new law. Bristol: Jordan. ISBN 085308422X.
  • Youth Justice Liaison and Diversion Strategy. (2008). Department of Health and the Centre for Mental Health. London: HMSO.

Statute

  • Crime (Sentences) Act 1997, Section 46, under the provisions for amending the Mental Health Act 1983 (mentally disordered offenders) and Commencement Order Number 2, S.I. 1997, No. 2200.
  • Mental Health (Care and Treatment) (Scotland) Act 2003. Schedule 4, paragraph (6).
  • Mental Health (Patients in the Community) Act 1995. London: HMSO.

Caselaw

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