Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Anderson v Scottish Ministers (2001) UKPC D5

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Section 1 of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 is not incompatible with Article 5(1)(e): the continued detention of restricted patients in a hospital on grounds of public safety is not dependent on their condition being capable of treatment.

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Detailed summary on 1COR website