Display title | SSJ v MM [2018] UKSC 60 |
Default sort key | SSJ v MM (2018) UKSC 60 |
Page length (in bytes) | 1,964 |
Page ID | 9753 |
Page content language | en - English |
Page content model | wikitext |
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Page creator | Jonathan (talk | contribs) |
Date of page creation | 13:49, 28 November 2018 |
Latest editor | Jonathan (talk | contribs) |
Date of latest edit | 11:54, 8 October 2021 |
Total number of edits | 9 |
Total number of distinct authors | 1 |
Recent number of edits (within past 90 days) | 0 |
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Description | Content |
Article description: (description ) This attribute controls the content of the description and og:description elements. | The patient had capacity to and was prepared to consent to a conditional discharge requiring that he live at a particular place, which he would not be free to leave, and from which he would not be allowed out without an escort. (1) The Supreme Court decided 4-1 that the MHA 1983 does not permit either the First-tier Tribunal or the Secretary of State to impose conditions amounting to detention or a deprivation of liberty upon a conditionally discharged restricted patient. (2) The dissenting decision was that the tribunal has the power to impose such conditions so long as the loss of liberty is not greater than that already authorised by the hospital and restriction orders, and that this power does not depend on the consent of the (capacitous) patient. |