Secretary of State for the Home Department, Regina (on the Application of) v Mental Health Review Tribunal: Admn 20 May 2002

The Court considered the meaning of ‘discharge’ from a mental health hospital. Elias J held that it meant ‘discharge from detention in hospital’, so that there could be a discharge on condition of residence in another hospital: but he also held that the crucial question was whether the conditions amounted to detention, which was not permitted.
Otherwise: Regina (Secretary of State for the Home Department) v Mental Health Review Tribunal, PH as interested party

Elias J
[2002] EWHC 1128 (Admin), [2002] MHLR 241
England and Wales
Cited by:
CitedThe Secretary of State for Justice v MM CA 29-Mar-2017
Power of FTT to deprivie patient of liberty
Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order.
CitedSecretary of State for Justice v MM SC 28-Nov-2018
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a . .

Lists of cited by and citing cases may be incomplete.


Updated: 29 November 2021; Ref: scu.251514