Krol v Craig: HL 29 Oct 1998

The appellant had been compulsorily detained in a mental hospital, but after treatment was granted leave of absence, which left her still subject to the detention. It was proposed that she be made subject to a community care order. She complained that she should have been discharged from the compulsory detention.
Held: The officer was obliged to discharge the hospital order if it was no longer needed, and the community care order implied just that. The wording of the prescribed form created confusion, but should not be allowed to undermine the working of the Act. The medical opinion and the sheriff’s recommendation should neither be confused. Appeal dismissed.


Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton


[1998] UKHL 44


House of Lords, Bailii


Mental Health (Scotland) Act 1984 34 35B(8)




Updated: 23 May 2022; Ref: scu.135174