The Law Reports (Queen's Bench Division)
[2015] QB 385
Court of Appeal
Regina (Lee-Hirons)
v
Secretary of State for Justice
[2013] EWHC 1784 (Admin)
[2014] EWCA Civ 553
2013 June 15;
28
Dingemans J
2014 April 8;
May 1
Jackson, Patten LJJ, Sir Stanley Burnton
Human rights— Liberty— Restricted patient— Patient recalled to hospital— Reasons for recall given orally when warrant for recall executed— Whether adequate— Further oral reasons given over two weeks later— Written reasons for recall not given— Whether failure to provide adequate reasons promptly after detention breaching Convention rights to liberty and to reasons for detention— Whether breaches rendering recall and detention unlawful—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5.1, 5.2
Mental disorder— Secretary of State’s powers— Restricted patient— Recall to hospital— Department of Health circular requiring provision of written reasons within 72 hours of readmission— Reasons given orally when warrant for recall executed— Whether adequate— Further oral reasons given over two weeks later— Written reasons for recall not given— Whether duty to provide written reasons when warrant executed— Whether recall lawful— Whether duty to give written reasons for recall— Whether failure to give written reasons rendering recall and subsequent detention unlawful— Whether practice of including brief reasons in warrant good—
Mental Health Act 1983 (c 20), s 42(3)
—
Human Rights Act 1998, Sch 1, Pt I, art 5.1, 5.2