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