The applicant had been detained under the Act. His detention had been ended by the Mental Health Tribunal, but he had been detained again under s3. The decision was later quashed, and he asserted that upon that decision, an earlier sentence of imprisonment took effect, preventing his re-detention. The Tribunal’s detention was later quashed.
Held: Where an inferior tribunal’s decision was unlawful, the High Court could quash it. the effect of quashing the decision was that the tribunal had never made the decision to discharge.
Lord Justice Clarke, Lord Justice Mance and Lord Justice Dyson
Times 26-Nov-2001, Gazette 10-Jan-2002,  EWCA Civ 1901
Mental Health Act 1983 37, 3
England and Wales
Updated: 07 January 2021; Ref: scu.166856