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Secretary of State for Justice v RB

Author / Contributor: Kris Gledhill
14.16
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