Source: All England Reporter
Publisher Citation: [2002] All ER (D) 457 (Jul)
Neutral Citation: [2002] EWHC 1618 (Admin)
Court: Administrative Court

Crane J

Representation Paul Bowen (instructed by Scott-Moncrief Harbour & Sinclair) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 30 July 2002


Mental health - Mental health review tribunal - Discharge of restricted patient - Discharge - Decision directing conditional discharge of restricted patient - Direction subject to arrangements being made for accommodation of patient - Hostel requiring six-week assessment period - Secretary of State refusing to consent to leave of absence in principle - Appropriate mechanism for stays in community following conditional discharge by tribunal - Whether Secretary of State entitled to attach conditions to consent to leave of absence - ss 17, 41(3)(c)(i), 42(2), 73.

The Case

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