R (on the application of C) v Mental Health Review Tribunal (North London and East Region)

Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 184 (Jun)
Court:	Administrative Court
Judge:	Collins J
Representation	Paul Bowen (instructed by Scott-Moncrieff Harbour and Sinclair) for C.
	Nathalie Lieven (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates:	19 June 2001

Catchwords

Mental health - Mental health review tribunal - Discharge of restricted patient - Conditional discharge - Whole of psychiatrist's report not before tribunal - Secretary of State referring matter to fresh tribunal - Approach of Secretary of State in such circumstances - Whether decision to refer breaching patient's human rights - ss 71, 72, 73 - European Convention on Human Rights, art 5.

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