McGrady, Re Application for Judicial Review [2003] NIQB 15

(1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of Article 5(4), DN v Switzerland 27154/95 [2001] ECHR 235 distinguished.


This was a Northern Irish case based on the Mental Health (Northern Ireland) Order 1986 and Mental Health Review Tribunal (Northern Ireland) Rules 1986, which are similar to the English provisions.

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