A man charged with attacking his 81-year-old grandmother with a cricket bat should have been detained under the Mental Health Act, according to his lawyer.

Robert Best, 37, of Belmont Place, Ashford, previously withheld a plea to the charge of grievous bodily harm without intent and was remanded in custody until reappearing at Ashford Magistrates’ Court on Wednesday.

Terry Knox, defending, told the court Best was now on the hospital ward at Elmley prison, in Sheerness.

"I have been attempting to liaise with Ashford mental health team to see if Mr Best is suitable for detention under the Mental Health Act," he said.

"It looks like Mr Best has fallen through the net."

Mr Knox told the court Best had been living with his grandmother, who was his carer.

The court heard magistrates have limited powers under the Mental Health Act and there was no option but to remand Best in custody.

He is due to reappear before magistrates on April 16.