Where a person had been detained under mental health legislation on one ground, but then came to be seen to be somebody from whom protection was needed by the population on another ground, it was not a breach of his human rights to detain him on the new ground, nor to change the law in the midst of review proceedings in such a way as to ensure the likely failure of such a review. The court should however look with great circumspection at such changes in the law.
Judges:
Lord President
Citations:
Times 21-Jun-2000
Statutes:
Mental Health Public Safety and Appeals (Scotland) Act 1999 1
Jurisdiction:
Scotland
Citing:
Appealed to – A v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
Cited by:
Appeal from – A v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Health
Updated: 08 July 2022; Ref: scu.169294