View source for SSJ v MM; Welsh Ministers v PJ (2017) EWCA Civ 194

{{Case
|Date=2017/03/29
|NCN=[2017] EWCA Civ 194
|ICLR=[2017] WLR(D) 235
|ICLR ID=2016010056
|Other citations=[2017] WLR 4681, [2017] 1 WLR 4681, [2017] MHLO 16
|Court=Court of Appeal (Civil Division)
|Judges=Munby, Gloster, Ernest Ryder
|Parties=Secretary of State for Justice, MM, Welsh Ministers, PJ
|Judicial history first case=PJ v A Local Health Board (2015) UKUT 480 (AAC)
|Sentence=DOL discharge conditions
|Summary=(1) MM wanted to be conditionally discharged into circumstances which would meet the objective component of [[Article 5]] deprivation of liberty. The Court of Appeal decided that: (a) the tribunal has no power to impose a condition that is an objective deprivation of liberty; (b) a general condition of compliance with a care plan would be an impermissible circumvention of this jurisdictional limitation; (c) purported consent, even if valid, could not provide the tribunal with jurisdiction. (2) PJ argued that his CTO should be discharged as it could not lawfully authorise his deprivation of liberty. The Court of Appeal decided that a CTO provides the power to provide for a lesser restriction of movement than detention in hospital which may nevertheless be an objective deprivation of liberty provided it is used for the specific purposes set out in the CTO scheme.
|Detail===Appeal status information==
*[[Media:2018-03-15 SSJ v MM Supreme Court permission.pdf|Supreme Court permission decision]]. On 15/3/18 the Supreme Court (Lady Hale, Lord Hodge, Lord Lloyd-Jones) granted MM permission to appeal. The appeal in MM will be heard by the Supreme Court on 26/7/18. Court order and information provided by MM's solicitor, Donald Tiong of Bison Solicitors.
*[[Media:2018-07-03 PJ Supreme Court permission decision.pdf|Supreme Court permission decision]]. On 3/7/18 the Supreme Court (Lady Hale, Lord Carnwath, Lord Lloyd-Jones) granted PJ permission to appeal and directed that the appeal did not need to be listed with MM. The appeal in PJ will be heard by the Supreme Court on 22/10/18. Court order and further information provided by PJ's solicitor, Natalie Roberts of GHP Legal Solicitors (initial information about permission provided by MM's solicitor).
*The Supreme Court decisions are now available.
|External links=*{{pagesummary|Julie Higgins et al, 'MM and PJ Court of Appeal Hearing and Judgements' (Dear Colleague letter, gateway ref 07333, 24/11/17)}}

*{{pagesummary|Roger Banks et al, 'Briefing note' (relating to MM and and PJ Court of Appeal judgment, gateway ref 07333, 24/11/17)}}
|Subject=CTO cases
|News=No
|RSS pubdate=2021/02/16 09:06:10 PM
}}