(1) Under Article 5(1), the recall to hospital without the usual Winterwerp guarantees was lawful as it was an emergency; the further detention followed examination by the RMO so was also lawful; (2) Habeas corpus proceedings were inadequate for Article 5(4) purposes; the other legal machinery did not remedy this breach, in particular because the MHRT could not order discharge of restricted patients.
X v UK 7215/75 (1982) ECHR 8
Winterwerp v Netherlands 6301/73 (1979) ECHR 4
Bailii