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Secretary of State for Justice v MM; Welsh Ministers v PJ |
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| Issue: |
Whether a restricted patient with capacity could consent to a conditional discharge that involved a deprivation of liberty; whether a Tribunal was correct not to consider whether the conditions of a Community Treatment Order breached Art 5 ECHR; the role of arguments under the ECHR in Tribunal proceedings. |
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| Court: |
Court of Appeal |
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| Reference: |
C3/2015/4104 PJ and C3/2016/0561 MM |
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| Neutral Citation: |
[2017] EWCA Civ 194 |
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| Judge(s): |
Sir James Munby P, Gloster LJ VP and Sir Ernest Ryder (Senior President of Tribunals) |
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| Date: |
29 March 2017 |
