McKECHNIE J, 24 June 2010

“This seems to be the real issue. The respondent refuses to contemplate anti-libidinal medication for reasons which are sufficient to him. So the question is whether he can be released into the community without anti-libidinal medication? The paramount consideration is the need to ensure adequate protection of the community.  I have set out the substance of Dr Wojnarowska’s opinion which I accept.  Dr Pascu, another very experienced psychiatrist, examined the respondent in 2009, produced a more recent report dated 23 March 2010 and also gave evidence. Her clinical diagnosis is of anti-social or dis-social personality disorder and paedophilia, mental and behaviour disorder due to alcohol abuse – abstinent in custody. In her view the respondent’s refusal to give consent for biological intervention should not stop psychological aspects of treatment. The lack of any features from the neuropsychological assessment suggesting a dementia process or cognitive impairment suggests that the respondent can participate in psychological intervention. In Dr Pascu’s view the respondent could be offered a comprehensive package to manage and further reduce his risk in the community, pointing out that studies highlight the benefits of offenders receiving comprehensive treatment in the community rather than in custody with those in the community showing more genuine willingness to participate in treatment programmes.”

Find case here.