View source for Re C (Mental Patient: Habeas Corpus) (2002) EWHC 243 (Admin)

''The application for the issue of a writ of habeas corpus was premature and without any prospect of success; the proper course was to judicially review the Tribunal decision''

==Summary==
C was detained under [[s37]]/[[s41|41]]. The [[MHRT]] declined to discharge, favouring one psychiatrist's evidence over another. C applied for the issue of a writ of habeas corpus.

Held: Unless the Tribunal's decision is successfully challenged by way of judicial review, there is no basis for the court to form even a provisional view that Mr C may be unlawfully detained. The application for habeas corpus is at the very least premature and, on the basis of the present material, is without any prospect of success. 

==External link==
{{#bailii:[2002] EWHC 243 (Admin)}}


[[Category:Unimportant cases]]
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[[Category:Transcript]]
[[Category:2002 cases]]