The applicant was detained in a mental hospital. After losing a challenge to being moved to a higher security section he found that he was unable to appeal because the Scottish Parliament had not passed Regulations proving the structure for an appeal as was anticipated by the 2003 Act.
Held: His appeal was rejecetd.
Citations:
[2012] ScotCS CSOH – 53
Links:
Statutes:
Mental Health (Care and Treatment) (Scotland) Act 2003
Citing:
At Outer House – RM v The Scottish Ministers SCS 27-Aug-2008
The petitioner, a detained mental patient challenged the validity of orders made by the Mental Health Tribunal established under the 2003 Act. He said that, the respondents having not passed regulations providing complete processes for the . .
Cited by:
Appeal from – RM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Constitutional, Prisons
Updated: 06 October 2022; Ref: scu.452229
