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Mental health – Patient. The claimant had been released from hospital on conditional discharge. The defendant Secretary of State recalled him to hospital under s 42(3) of the Mental Health Act 1983. The claimant sought judicial review of that decision. His application was dismissed. The Court of Appeal, Civil Division, dismissed his appeal. The Secretary of State was not under an obligation to provide written reasons for recall at the time that a warrant for recall was executed. The oral reasons that had been given to the claimant had been sufficient. The Secretary of State's failure to provide adequate reasons within 72 hours had been a breach of art 5.2 of the European Convention on Human Rights, but that breach had not rendered the detention unlawful either at common law or under art 5.1 of the Convention.
Mental health – Patient. The claimant had been released from hospital on conditional discharge. The defendant Secretary of State recalled him to hospital under s 42(3) of the Mental Health Act 1983. The claimant sought judicial review of that decision. His application was dismissed. The Court of Appeal, Civil Division, dismissed his appeal. The Secretary of State was not under an obligation to provide written reasons for recall at the time that a warrant for recall was executed. The oral reasons that had been given to the claimant had been sufficient. The Secretary of State's failure to provide adequate reasons within 72 hours had been a breach of art 5.2 of the European Convention on Human Rights, but that breach had not rendered the detention unlawful either at common law or under art 5.1 of the Convention.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty
