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R (SC) v (1) Mental Health Review Tribunal (2) Secretary of State for Health (3) Home Secretary

Author / Contributor: Kris Gledhill
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R (SC) v (1) Mental Health Review Tribunal (2) Secretary of State for Health (3) Home Secretary
   
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.
   
Court: Administrative Court
   
Reference:   CO/1802/2004
   
Neutral Citation:   [2005] EWHC 17 (Admin)
   
Judge(s): Munby J
   
Date: 17 January 2005