A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal.
Held: There was no need for the matter to go to the Secretary of State for him to order a fresh referral to the tribunal. The conditional discharge meant that the tribunal remained seised of the case and could recall its decision of its own motion. The case of Campbell was not engaged.
Judges:
Lord Justice Jonathan Parker
Citations:
Times 24-May-2002, Gazette 20-Jun-2002, [2002] EWCA Civ 647
Links:
Statutes:
Mental Health Act 1983 71 73, European Convention on Human Rights
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Oxford Regional Mental Health Review Tribunal, Ex parte Secretary of State for the Home Department (Campbell’s Case) HL 1988
The House decided that section 73 of the 1983 Act provided a two-stage process in relation to a patient’s conditional discharge. The tribunal first decides that it will direct the discharge subject to conditions, but defers giving the direction so . .
Cited – Regina (IH) v Secretary of State for the Home Department and Another CA 15-May-2002
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 10 September 2022; Ref: scu.170308