The court considered and rejected the possibility of the First Tier Tribunal making orders under the 2005 Act which would have the effect of depriving a patient of his liberty. The respondent, now aged 73, suffered a persistent delusional condition and was a ‘restricted patient’.
Maurice Kay LJ VP, Arden, Moses LJJ
[2011] EWCA Civ 1608, (2012) 124 BMLR 13, [2012] 1 WLR 2043, [2012] AACR 31, [2012] MHLR 131, [2011] WLR (D) 379
Bailii, WLRD
Mental Health Act 1983
England and Wales
Cited by:
Cited – Secretary 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 . .
Cited – Welsh Ministers v PJ SC 17-Dec-2018
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order (CTO). The question arising on this appeal is whether a patient’s responsible clinician (may . .
Lists of cited by and citing cases may be incomplete.
Health, Criminal Sentencing
Updated: 24 December 2021; Ref: scu.450118