Kay v UK 17821/91 [1994] ECHR 51
(1) The recall to hospital without up-to-date objective medical expertise showing that the applicant suffered from a true mental disorder, or that his previous psychopathic disorder persisted - in the absence of any emergency - violated Article 5(1); (2) The subsequent MHRT proceedings were inherently too slow, which breached Article 5(4): the first hearing date offered was five months after referral, and final determination took just over two years.
Related judgments
Kay v UK 17821/91 [1994] ECHR 51
- Kay v UK 17821/91 [1993] ECHR 61 (admissibility)
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