Source: All England Reporter
Publisher Citation: [2002] All ER (D) 33 (Nov)
Court: Administrative Court

Maurice Kay J

Representation Mark Mullins (instructed by Galbraith Branley) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 5 November 2002


Mental health - Patient - Detention - Compulsory detention - Patient previously prisoner - Patient released on licence - Prison authorities recalling patient without consultation with hospital - Reasonableness of decision - s 3 - s 39.

The Case

The Secretary of State had erred in recalling a claimant to prison under s39 of the in circumstances where that person was also a patient detained under s3 of the and the Secretary of State had failed to consult the doctors at the hospital to see whether the claimant's hospitalisation was necessary for his health and safety.

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