Secretary of State for Justice v RB

Author / Contributor: Kris Gledhill
Secretary of State for Justice v RB
Issue: The relationship of the Upper Tribunal to the Court of Appeal and the High Court in terms of precedent; whether a conditional discharge under s73 Mental Health Act 1983 was unlawful if the conditions amounted to a deprivation of liberty for the purposes of Art 5 ECHR; whether a Tribunal had been entitled to discharge.
Court: Upper Tribunal (AAC)
Reference:   HM/1533/2010
Neutral Citation:   [2010] UKUT 454 (AAC)
Judge(s): Carnwath LJ SPT, HHJ Sycamore CP, UTJ Rowland
Date: 20 December 2010