Care Home Conviction quashed, raising question over Mental Capacity Act offence – 23 Essex Street

Posted August 24th, 2011 in care homes, mental health, negligence, news by sally

“The owner of a care home, Annette Hopkins, represented by Kate Lumsdon (23es) and Barry McElduff (2KBW), had her conviction for negligence quashed by the Court of Appeal, who cast doubt over the viability of the offence created by the Mental Capacity Act 2005: R v Hopkins and Priest [2011]EWCA Crim 1513. The Court of Appeal, quashing the conviction on other grounds, held that in its view the offence as drafted failed the test of sufficient certainty. The Court was however bound by precedent: R v Dunn [2010] EWCA Crim 2935.”

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23 Essex Street, 17th August 2011