Absolute or conditional discharge

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Case and summary Date added Categories
R (Brown) v North East Thames MHRT [2000] EWHC 640 (Admin)It was not in the public interest interest to pursue the judicial review of a Tribunal decision to discharge conditionally rather than absolutely: there had subsequently been a recall and a further well-reasoned conditional discharge; even if the applicant won he would be granted no relief. 2009‑04‑11 22:14:20 2000 cases, Absolute or conditional discharge, Brief summary, Transcript

Grey v UK 34377/02 [2002] ECHR 854A Tribunal granted an absolute discharge because the claimant suffered from no mental disorder, but on judicial review this was quashed because they had not first considered conditional discharge; a subsequent Tribunal reclassified him and upheld continued detention; his complaint under Article 5(1)(e) was rejected (no duty immediately and unconditionally to release into the community), as were complaints under Article 5(4) (no undue delay) and Article 6 (no right to appeal). 2009‑04‑10 13:24:35 2002 cases, Absolute or conditional discharge, Brief summary, ECHR, Transcript

R (SSHD) v MHRT, re Wilson [2004] EWHC 1029 (Admin)MHRT found that patient did not suffer from psychopathic disorder and directed absolute discharge; their decision was quashed because they had failed to consider conditional discharge criteria (i.e. whether patient should remain liable to be recalled for further treatment). Also: MHRT had no power to defer absolute discharge; had failed to explain why they rejected the RMO's evidence; and had misunderstood the legal definition of treatability. 2007‑02‑06 18:17:47 2004 cases, Absolute or conditional discharge, Brief summary, Transcript

R (SSHD) v MHRT, re BR [2005] EWCA Civ 1616MHRT granted absolute discharge without considering conditional discharge criteria; High Court quashed decision, so patient became detained restricted patient again; Home Office refused to grant s17 leave until next MHRT; Court of Appeal partially quashed MHRT decision but declared patient entitled to be conditionally discharged pending MHRT determination of appropriate discharge type. 2006‑05‑03 21:33:30 2005 cases, Absolute or conditional discharge, Detailed summary, Transcript

Reid v Secretary of State for Scotland [1998] UKHL 43(1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational. 2006‑04‑15 19:52:23 1998 cases, Absolute or conditional discharge, Detailed summary, Scottish cases, Transcript, Treatability test and psychopathic disorder

R (SSHD) v MHRT, re BR [2005] EWHC 2468 (Admin)For restricted patients, Tribunals should consider appropriateness of liability to recall even if not satisfied that there is any detainable mental disorder. 2006‑04‑12 20:49:45 2005 cases, Absolute or conditional discharge, Brief summary, Transcript