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Information for "SSJ v MM (2018) UKSC 60"

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Display titleSSJ v MM [2018] UKSC 60
Default sort keySSJ v MM (2018) UKSC 60
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Page creatorJonathan (talk | contribs)
Date of page creation13:49, 28 November 2018
Latest editorJonathan (talk | contribs)
Date of latest edit11:54, 8 October 2021
Total number of edits9
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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.
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