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Mental health – Admission of patient to hospital. The claimant, aged 17, was facing trial for assault. He sought judicial review of the judge's order under s 35 of the Mental Health Act 1983, remanding him to hospital for a report to be made on his mental condition. The Divisional Court, in allowing the application, held that s 35 of the Act did not permit an order to be made for the purpose of obtaining evidence relevant to an issue at trial. Although relating to a trial on indictment, the order was quashed, as it contained a jurisdictional error of such gravity as to take the case out of the jurisdiction of the court below.
Mental health – Admission of patient to hospital. The claimant, aged 17, was facing trial for assault. He sought judicial review of the judge's order under s 35 of the Mental Health Act 1983, remanding him to hospital for a report to be made on his mental condition. The Divisional Court, in allowing the application, held that s 35 of the Act did not permit an order to be made for the purpose of obtaining evidence relevant to an issue at trial. Although relating to a trial on indictment, the order was quashed, as it contained a jurisdictional error of such gravity as to take the case out of the jurisdiction of the court below.
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