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Scottish Ministers v MHTS, re NG and PF (2009) CSIH 33

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The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.

Notes

The power to vary conditions lies with the Scottish Ministers, although an appeal can then be made to the Tribunal.

The Tribunals in England and Wales do have the power to vary conditions: see MHA 1983 s75.

Other

Date: 6 May 2009

Before: Lord Clarke, Lord Mackay of Drumadoon, Lord Philip

External link

Transcript on Scottish Courts website

Bailii - No transcript on Bailii at time of writing