Site icon swarb.co.uk

Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001

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.

Judges:

Lord Justice Clarke, Lord Justice Mance and Lord Justice Dyson

Citations:

Times 26-Nov-2001, Gazette 10-Jan-2002, [2001] EWCA Civ 1901

Links:

Bailii

Statutes:

Mental Health Act 1983 37, 3

Jurisdiction:

England and Wales

Health, Criminal Sentencing

Updated: 04 June 2022; Ref: scu.166856

Exit mobile version