When a person detained compulsorily applied for a review of his admission, it was unacceptable to list all such cases to be heard only after eight weeks. Whilst such cases might often require detailed assessment which would take some time after admission, and the consequences of a decision to confirm the detention were serious for the person detained, the right to a speedy review of any detention by a court could not be met by such a routine listing system. The rules imposed no specific time limit, and the human rights case law required this court to look to each individual case. That was no satisfied by such routine listings.
Citations:
Times 11-Jul-2001, Gazette 19-Jul-2001
Statutes:
Mental Health Act 1983 3, European Convention on Human Rights Art 5.4, Mental Health Review Tribunal Rules 1983 (1983 No 942)
Jurisdiction:
England and Wales
Human Rights, Health
Updated: 08 May 2022; Ref: scu.85958