Category:Deferred conditional discharge cases

The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary	Date added	Categories
R (Martins) v Cannons Park MHRT (1995) 26 BMLR 134 — The 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 cases, Judgment available offline, Judgment missing from Bailii, No transcript
* Conditions of discharge and DOL R (SSHD) v MHRT, re PH [2002] EWHC 1128 (Admin) — Condition of discharge not to leave without escort not unlawful on the facts.	2009‑04‑12 13:01:39
R (K) v Camden and Islington Health Authority [2001] EWCA Civ 240 — Following 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 cases, Judgment available on Bailii, Transcript
R (K) v Camden and Islington Health Authority [2000] EWHC Admin 353 — The 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 cases, Judgment available on Bailii, Transcript
Phillips v UK 64509/01 [2000] ECHR 702 — The 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 cases, Judgment available on Bailii, Transcript
IH v UK 17111/04 [2005] ECHR 934 — The 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 cases, Deprivation of liberty, ECHR, Judgment available on Bailii, Transcript
Johnson v UK 22520/93 [1997] ECHR 88 — Finding that patient no 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 cases, ECHR, Judgment available on Bailii, Transcript
R (IH) v SSHD [2002] EWCA Civ 646 — A 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 cases, Judgment available on Bailii, Transcript
R (IH) v SSHD [2003] UKHL 59 — A 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 cases, Detailed summary, Judgment available on Bailii, Transcript
R (IH) v SSHD [2001] EWHC Admin 1037 — Section 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 cases, Detailed summary, Judgment available on Bailii, Transcript

Article titles

The following 10 pages are in this category.

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