X v UK 7215/75 [1981] ECHR 6

(1) Under Article 5(1), the recall to hospital without the usual Winterwerp guarantees was lawful as it was an emergency; the further detention followed examination by the RMO so was also lawful; (2) Habeas corpus proceedings were inadequate for Article 5(4) purposes; the other legal machinery did not remedy this breach, in particular because the MHRT could not order discharge of restricted patients.

Related judgments

X v UK 7215/75 [1982] ECHR 8

Winterwerp v Netherlands 6301/73 [1979] ECHR 4

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