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R (SC) v (1) Mental Health Review Tribunal (2) Secretary of State for Health (3) Home Secretary | 
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| Issue:  | 
Whether s75(3) Mental Health Act 1983 is incompatible with the ECHR; the matters to be taken into account by a Tribunal when considering an application by a conditionally discharged restricted patient; whether a Tribunal had acted unlawfully by taking into account a mental disorder from which the patient was not classified as suffering. | 
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| Court:  | 
Administrative Court | 
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| Reference:    | 
CO/1802/2004 | 
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| Neutral Citation:    | 
[2005] EWHC 17 (Admin) | 
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| Judge(s):  | 
Munby J | 
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| Date:  | 
17 January 2005 |