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R (Juncal) v Home Secretary, East London and the City Mental Health NHS Trust, The Scottish Ministers, Secretary of State for Northern Ireland

Author / Contributor: Kris Gledhill
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R (Juncal) v Home Secretary, East London and the City Mental Health NHS Trust, The Scottish Ministers, Secretary of State for Northern Ireland
   
Issue: Whether detention imposed in Northern Ireland following a finding of unfitness to stand trial but without a finding that the accused committed the actus reus of the offence charged was lawful in domestic law; whether it was in breach of Art 5 ECHR.
   
Court: Court of Appeal
   
Reference:   C1/2008/0222
   
Neutral Citation:   [2008] EWCA Civ 869
   
Judge(s): Pill, Scott Baker and Richards LJJ
   
Date: 25 July 2008