When assessing the release of a detained patient the tribunal must look at the ‘nature or degree’ of the illness disjunctively and not conjunctively. A person subject to a serious illness but without current symptoms might still be detained.
Times 09-Dec-1998,  EWHC Admin 832
Mental Health Act 1983 72(1)(b)(I)
Updated: 26 December 2020; Ref: scu.138953