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|R (SR) v Huntercombe Maidenhead Hospital (2005) EWHC 2361 (Admin)||
Hospital managers and dangerousness
Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion.
|R v C (2008) EWCA Crim 1155||
Capacity to consent to sexual activity
If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]
|R v C (2009) UKHL 42||
For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.
|R v Riverside Mental Health Trust, ex p Huzzey (1998) EWHC Admin 465||
Dangerousness criterion and hospital managers
Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion.