03 nov 2020
Højesteret
Judicial review of readmission
No right to judicial review of readmission decision made in accordance with sentence to psychiatric treatment
Case no. 101/2019
Order made on 12 August 2020
The Prosecution Service
vs.
T
In 2013, T was sentenced to psychiatric treatment at a psychiatric ward with supervision by the Department of Prisons and Probation in connection with the ward during discharge, so that the Department of Prisons and Probation together with the consultant psychiatrist can decide to readmit. In June and September 2018, T was readmitted to the psychiatric ward in accordance with the terms set out in the treatment sentence. The case before the Supreme Court concerned the issue of whether the decisions to readmit T could be subject to judicial review under section 72(2) of the Danish Penal Code.
The Supreme Court held that section 72(2) of the Penal Code does not apply to a situation such as the present where the decision to readmit was made with reference to a treatment sentence. There was no basis for finding that this outcome is in contravention of article 5(4) of the European Convention on Human Rights.
The High Court had reached a different conclusion.