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.
Citations:
Times 09-Dec-1998, [1998] EWHC Admin 832
Links:
Statutes:
Mental Health Act 1983 72(1)(b)(I)
Health
Updated: 27 May 2022; Ref: scu.138953