Category

Deferred conditional discharge

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Case and summary Date added Categories
R (Martins) v Cannons Park MHRT (1995) 26 BMLR 134The eligibility of an un-recalled conditionally discharged patient to apply to the Tribunal under s75(2) is calculated, not from the date of a deferred conditional discharge decision, but from the date of actual release from detention in hospital under conditional discharge. 2010‑09‑27 22:21:28 1995 cases, Brief summary, Deferred conditional discharge, No transcript


R (K) v Camden and Islington Health Authority [2001] EWCA Civ 240Following a deferred conditional discharge, the duty under s117 was not absolute but rather to exercise reasonable endeavours (in this case, to find a supervising psychiatrist); continued detention despite these reasonable endeavours would not breach Article 5. 2009‑04‑11 23:12:42 2001 cases, Brief summary, Deferred conditional discharge, Transcript


R (K) v Camden and Islington Health Authority [2000] EWHC Admin 353The deferred conditional discharge could not be implemented because psychiatrist willing to supervise could be found; the duty on the health authority was not absolute but rather to take all reasonable steps (which they had); the psychiatrists had been entitled to exercise their professional judgment as they had. 2009‑04‑11 23:10:32 2000 cases, Brief summary, Deferred conditional discharge, Transcript


Phillips v UK 64509/01 [2000] ECHR 702The Tribunal's conditional discharge decision was delayed, initially to find accommodation, then because no psychiatric supervisor could be found. The applicant argued that his detention from 25 February 1999 (being six months after the Tribunal decision) and 4 August 2000 (when he was released) was in violation of Article 5(1)(e) because he was no longer suffering from mental illness warranting detention for treatment. The government settled the case by paying £5,500 plus costs. 2009‑04‑10 15:44:37 2000 cases, Brief summary, Deferred conditional discharge, Transcript


IH v UK 17111/04 [2005] ECHR 934The claimant was granted a deferred conditional discharge but subsequently not released as no supervising psychiatrist could be found; the House of Lords found that Article 5(4) had been breached as the Tribunal could not revisit their decision (as the law was then understood). The claimant's Article 5(1)(e) complaint was rejected (on the facts, the alternative to conditional discharge was continued detention rather than absolute discharge), as were his complaints under Article 5(4) (no longer a victim as domestic courts had acknowledged breach and afforded appropriate redress) and Article 5(5) (no longer a victim, no absolute right to compensation). 2009‑04‑10 13:40:33 2005 cases, Brief summary, Deferred conditional discharge, Transcript


Johnson v UK 22520/93 [1997] ECHR 88Finding that patient not longer suffering from mental illness did not require his immediate and unconditional discharge. 2007‑09‑16 11:22:54 1997 cases, Brief summary, Deferred conditional discharge, ECHR, Transcript


R (IH) v SSHD [2002] EWCA Civ 646A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case. 2007‑02‑07 21:00:19 2002 cases, Brief summary, Deferred conditional discharge, Transcript


R (IH) v SSHD [2003] UKHL 59A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case. 2007‑02‑07 20:58:29 2003 cases, Deferred conditional discharge, Detailed summary, Transcript


R (IH) v SSHD [2001] EWHC Admin 1037Section 73 is compatible with Article 5 ECHR: deferred conditional discharge is a provisional decision; the Tribunal can monitor progress, and reconsider and amend the decision if appropriate. 2007‑01‑07 11:46:41 2001 cases, Deferred conditional discharge, Detailed summary, Transcript