Section order needed for ‘public protection’

THE judge who sentenced Peter Wachala and imposed a hospital order said his main consideration was ‘risk to the public’.

His Honour Judge Andrew Woolman told Wachala: “A Section 41 order with restrictions imposes checks on your discharge and recall to hospital.

“This is crucial for the wellbeing of Mrs Wachala.

“You picked up a boulder and hit her to the head. She had a large lump, cuts and bruises but it could have been fatal.

“On November 22 you were transferred from prison to Guild Lodge where you were diagnosed with a persistent delusional disorder.

“The reports say that since there has been a massive improvement in your condition.

“But the risk would increase if and when you were allowed home.”

Under the order while in hospital, the person in charge of care must get the Secretary of State’s agreement before the person can go on temporary leave or be sent to another hospital.

They must also examine the person and send a report about them to the Secretary of State at least once a year.

The restriction order means he cannot be discharged from hospital unless the Secretary of State for Justice or a Tribunal agrees.

Discharge may also be subject to conditions.