The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with an order as he left the prison. The court had said that there was no evidence to sugest that he could receive any treatment which might alleviate his condition, but allowed a discretionary inclusion of later acquired evidence to support this.
Held: The appeal was allowed. At the time of the decision, the respondent did not have the requirements set down by the statute. The reports later produced were from interviews which were not recent.
Waller LJ VP, Thomas LJ, Aikens LJ
 EWCA Civ 1457, Times 06-Feb-2009
Mental Health Act 1983 47
England and Wales
Cited – Regina v Secretary of State for Home Office ex parte Gilkes Admn 21-Jan-1999
The prisoner challenged a decision to have her transferred to a mental hospital under scetion 47.
Held: It had not been reasonable for the Secretary of State to rely on one of the two medical reports she relied on. However since if the . .
Cited – Eshugbayi Eleko v Office Administering the Government of Nigeria HL 24-Mar-1931
The claimant sought a writ of habeas corpus.
Held: Lord Atkin said that in a habeas corpus case, ‘no member of the executive can interfere with the liberty or property of a British subject except on condition that he can support the legality . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – Murray v Ministry of Defence HL 25-May-1988
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention.
Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure . .
Cited – Regina v Secretary of State for the Home Department ex parte Cheblak CA 1991
Because of the importance placed on the swift and efficient determination of lawfulness of the restraint, habeas corpus applications are given priority in the organisation of the business of the court.
In order to be permitted to present a . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 November 2021; Ref: scu.278951