Source: All England Reporter
Publisher Citation: [2002] All ER (D) 160 (Sep)
Court: European Court of Human Rights
Judge:

Judges Cabral Barreto (President), Caflisch, Turmen, Zupancic, Greve, Traja and Scott Baker (Ad Hoc Judge), and Mr V Berger, Section Registrar

Judgment Dates: 26 September 2002

Catchwords

Human rights - Liberty - Detention - Lawfulness - Mental health review tribunal - Life prisoner transferred to special hospital and made subject to restriction order - Tribunal able to recommend patient's discharge - Secretary of State alone having power to order patient's discharge - Whether patient able to take proceedings to determine lawfulness of detention - ss 47, 49 and 74 - European Convention on Human Rights, art 5(4).

The Case

The power of a mental health review tribunal, in the case of a patient who had originally been sentenced to a discretionary life sentence, and who had subsequently been transferred to a special hospital and made subject to a restriction order, to recommend to the Secretary of State that the patient be released, but where it had no power actually to discharge the patient, did not meet the requirement of art5(4) of the European Convention on Human Rights that a person deprived of his liberty be entitled to take proceedings to determine the lawfulness of his detention.

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