Court expresses “considerable concern” over delays in mental health case

Wednesday 15 September 2021

Expressing its “considerable concern” and “great reluctance”, the Royal Court has decided to delay deciding on an application to send a 30-year-old man currently on remand at HMP La Moye for treatment and assessment in the UK.

Timothy Nicolle is yet to enter a plea to a number of charges, including grave and criminal assault and carrying an offensive weapon.

He has been remanded in custody since the alleged offences were committed on 29 November last year.

The Court heard on Tuesday that Mr Nicolle had undergone a number of medical assessments since then and it was the view of practitioners that he should go to specialist psychiatric unit Brockfield House in Essex for assessment and treatment.

This would be for no more than 28 days.

However, the Court was told that Mr Nicolle and his family may wish to contest this transfer as they believe the move may be detrimental to his mental health.

It was also accepted by both the prosecution and the Court that Mr Nicolle’s mental health had deteriorated while he had been in custody at HMP La Moye.

However, defence Advocate Sarah Dale, who had only been instructed on Tuesday morning, successfully argued that she needed more time to prepare her submission and an adjournment was required.

Commissioner Julian Clyde-Smith, who was sitting with Jurats Charles Blampied and Elizabeth Dulake, said: “It is with a feeling of very considerable concern that the Court feels that it has no option but to adjourn until 15 October.”

Mr Nicolle was excused from attending Tuesday’s hearing.