Recall: Difference between revisions
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== When recall is justified == | == When recall is justified == | ||
Up-to-date medical evidence is required before recall, except in an emergency (K v UK). | Up-to-date medical evidence is required before recall, except in an emergency (K v UK). | ||
In [[R (MM) v SSHD (2007) EWCA Civ 687]] the Court of Appeal decided that Home Secretary [now the Secretary of State for Justice] has to believe on reasonable grounds that something has happened, or information has emerged, of sufficient significance to justify recalling the patient, and must have up-to-date medical evidence, but there is no general test laid down by the court. | |||
Therefore, a patient cannot be recalled merely for breaching his "conditions", although breach of conditions could provide evidence of likely deterioration. A patient need not have breached any conditions to be recalled. | Therefore, a patient cannot be recalled merely for breaching his "conditions", although breach of conditions could provide evidence of likely deterioration. A patient need not have breached any conditions to be recalled. | ||
Revision as of 22:38, 30 December 2016
A restricted patient who has been granted a conditional discharge (whether by the Ministry of Justice or, more commonly, by the Mental Health Tribunal) can by warrant be recalled by the Ministry of Justice under s42(3).
[Need to update this page.]
When recall is justified
Up-to-date medical evidence is required before recall, except in an emergency (K v UK).
In R (MM) v SSHD [2007] EWCA Civ 687 the Court of Appeal decided that Home Secretary [now the Secretary of State for Justice] has to believe on reasonable grounds that something has happened, or information has emerged, of sufficient significance to justify recalling the patient, and must have up-to-date medical evidence, but there is no general test laid down by the court.
Therefore, a patient cannot be recalled merely for breaching his "conditions", although breach of conditions could provide evidence of likely deterioration. A patient need not have breached any conditions to be recalled.
Early reference to the Tribunal
With regard to the timing of a reference to the MHT by the Ministry of Justice, the question to ask is "whether there was a failure to proceed with reasonable despatch, having regard to all the material circumstances" (R (Rayner) v Secretary of State for Justice [2008] EWCA Civ 176).
Tribunal eligibility dates
The Tribunal eligibility periods run from the date of recall, and no longer from the date of the original grounds for detention.