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G v Scottish Ministers sub nom G v MHTS [2013] UKSC 79, [2013] MHLO 117

This appeal relates to the circumstances in which it may be appropriate for the Mental Health Tribunal for Scotland to make no order for arrangements to be made for transfer from the State Hospital to conditions of lesser security following a finding that the patient is being detained in conditions of excessive security. The tribunal's decision to make no order was lawful. The Supreme Court took the opportunity to clarify the nature of decision-making under section 264(2) Mental Health (Care and Treatment) (Scotland) Act 2003, and the factors which are relevant to the proper application of that section and of other provisions of the Act.

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G v Scottish Ministers sub nom G v MHTS [2013] UKSC 79, [2013] MHLO 117

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