A ROYAL COURT judge warned that a 1961 law used to detain people found unfit to plead was ‘not fit for purpose’ and that modernising it was ‘long overdue’, as she granted the release of a man held under it.
Judge Catherine Fooks made the comments in a judgment discharging William King from detention at Les Oberlands, where he had been held under a Detention at His Majesty’s Pleasure order made under the Criminal Justice (Special Verdicts) (Guernsey) Law, 1961. His release back into the community was being carried out on a gradual basis, supported by police and probation officers.
In a postscript to her ruling, the judge returned to concerns about the ageing legislation.
‘I wish to highlight again the need to update the legislation,’ she said. ‘The 1961 Law is not fit for purpose and a modern law with the appropriate range of disposal options is long overdue.’
She added that she understood reform was already being worked on and that she had received some communications about it.
Mr King had been made subject to the detention order in January 2025 after the court determined he was unfit to plead but had carried out certain acts, including sexual assault and false imprisonment.
At that hearing, the court refused an earlier application for his release, concluding it would expose the public to an unacceptable level of risk. He had been expected to be transferred to a specialist unit in England but instead remained at Les Oberlands under the care of Guernsey’s clinical director for mental health and adult disability services.
Granting the latest application, the court – presided over by Judge Fooks and three jurats – concluded that Mr King’s risk could now be adequately managed in the community under a Sexual Offences Prevention Order, alongside multi-agency monitoring, police oversight and a support package, coupled with his own motivation to stay out of detention.
The judgment set out a phased, four-week discharge, with Mr King to remain under the care of a clinical team for at least two years, receiving support from an allocated worker and further psychological assessment.
The court stressed that the risk would grow as time passed and monitoring reduced, and warned clinicians against any ‘relaxation in vigilance’.
You need to be logged in to comment.