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R (Rayner) v Secretary of State for Justice | 
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| Issue:  | 
Whether the statutory scheme relating to the making of references to the Mental Health Review Tribunal following a recall to hospital of a conditionally discharged restricted patient and the timing of the hearing was compatible with Art 5(4) ECHR; whether anything other than an immediate reference by the Secretary of State would breach Art 5(4). | 
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| Court:  | 
Court of Appeal | 
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| Reference:    | 
C/2007/1099 | 
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| Neutral Citation:    | 
[2008] EWCA Civ 176 | 
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| Judge(s):  | 
Ward and Keene LJJ, Black J | 
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| Date:  | 
12 March 2008 |