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Drilldown: Cases

So far 266 cases have been added to the database, out of 2091 total cases on the website. To see the full list of cases go to the Mental health case law page.

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Cases > Date: November 2018 & Judges : Hickinbottom or Hughes or Munby or Peter Jackson

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Page name Sentence Summary
SSJ v MM (2018) UKSC 60

The patient had capacity to and was prepared to consent to a conditional discharge requiring that he live at a particular place, which he would not be free to leave, and from which he would not be allowed out without an escort. (1) The Supreme Court decided 4-1 that the MHA 1983 does not permit either the First-tier Tribunal or the Secretary of State to impose conditions amounting to detention or a deprivation of liberty upon a conditionally discharged restricted patient. (2) The dissenting decision was that the tribunal has the power to impose such conditions so long as the loss of liberty is not greater than that already authorised by the hospital and restriction orders, and that this power does not depend on the consent of the (capacitous) patient.

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