*Secretary of State for Justice v MM

Sentence – Hospital order. The appellant's appeal against a decision of the Court of Appeal failed, in proceedings concerning the detention of the appellant under a hospital order under s 37 of the Mental Health Act 1983 (the MHA 1983) and a restriction order under the MHA 1983 s 41. The Supreme Court held that the MHA 1983 did not permit either the First Tier Tribunal or the Secretary of State to impose conditions amounting to detention or a deprivation of liberty within the meaning of art 5 of the European Convention on Human Rights upon a conditionally discharged restricted patient.

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