SSJ v KC [2015] UKUT 376 (AAC)

Conditional discharge and DOL (1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (2) (Obiter) The same conditions would be lawful for a patient with capacity who gives real consent since this would mean there is no Article 5 deprivation of liberty.

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Full judgment: BAILII
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  • Deprivation of liberty🔍
  • Discharge conditions🔍
  • Upper Tribunal decisions🔍

Date: 2/7/15🔍

Court: Upper Tribunal🔍



  • KC🔍
  • Secretary of State for Justice🔍
  • C Partnership NHS Foundation Trust🔍

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Published: 15/7/15 22:54

Cached: 2020-09-23 02:50:29