| Display title | SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194 |
| Default sort key | SSJ v MM; Welsh Ministers v PJ (2017) EWCA Civ 194 |
| Page length (in bytes) | 2,599 |
| Page ID | 8866 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 1 |
| Counted as a content page | Yes |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 23:52, 7 May 2017 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:54, 8 October 2021 |
| Total number of edits | 19 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (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. |
