In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

A mental patient’s detention under s 3 should not be renewed under s 20 when she was absent from the hospital on home leave. Judicial review is to be preferred to habeas corpus as a means of seeking remedies in these situations.

Citations:

Times 14-Oct-1998

Statutes:

Mental Health Act 1983 3, 20

Jurisdiction:

England and Wales

Health

Updated: 10 May 2022; Ref: scu.81738