R (Rayner) v Secretary of State for Justice

Author / Contributor: Kris Gledhill
R (Rayner) v Secretary of State for Justice
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).
Court: Court of Appeal
Reference:   C/2007/1099
Neutral Citation:   [2008] EWCA Civ 176
Judge(s): Ward and Keene LJJ, Black J
Date: 12 March 2008