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Information for "R (S) v MHRT (2002) EWHC 2522 (Admin)"

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Display titleR (S) v MHRT [2002] EWHC 2522 (Admin)
Default sort keyR (S) v MHRT (2002) EWHC 2522 (Admin)
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Page ID3421
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Page creatorJonathan (talk | contribs)
Date of page creation16:36, 12 September 2008
Latest editorJonathan (talk | contribs)
Date of latest edit11:42, 9 February 2022
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The patient unsuccessfully argued that the requirement in old Rule 11 that a tribunal member "shall examine the patient... to form an opinion of the patient's mental condition" prior to the tribunal hearing, and the medical member's role in proceedings, was incompatible with Article 5(4). The judge concluded that "[i]f an otherwise impartial and independent member of a tribunal has a preconceived concluded opinion, or if he expresses himself in such a way as to give rise to reasonable apprehension that he has a preconceived concluded opinion, he lacks the necessary impartiality, but not otherwise."
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