The Law Reports (Queen's Bench Division)
[1956] 2 QB 109
[DIVISIONAL COURT]
REGINA v. BOARD OF CONTROL AND OTHERS. Ex parte RUTTY.
1956 Jan. 26;
Feb. 7, 21;
March 9.
Feb. 7, 21;
March 9.
Lord Goddard C.J., Hilbery and Devlin JJ.
Mental Deficiency
— Detention order
— Persons subject to
— Mental defective living in poor law institution
— Not receiving special treatment
— Removed to mental institution on the ground of being “found neglected”
— “Abandoned”
— “Cruelly treated”
— Meaning
—
Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 2 (1) (b) (i).
Habeas Corpus
— Jurisdiction of inferior court to order detention
— Power of superior court
— Return to writ ordered
— Court's power to examine truth of facts set out in return
— Power to inquire whether there was evidence on which magistrate could make reception order
— Mental defective
— Reception order
—
Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 4.