R (S) v MHRT [2002] EWHC 2522 (Admin)

Medical member's role and Article 5 The patient unsuccessfully argued that the requirement in old Rule 11 that a tribunal member "shall examine the patient... to form an opinion of the patient's mental condition" prior to the tribunal hearing, and the medical member's role in proceedings, was incompatible with Article 5(4). The judge concluded that "[i]f an otherwise impartial and independent member of a tribunal has a preconceived concluded opinion, or if he expresses himself in such a way as to give rise to reasonable apprehension that he has a preconceived concluded opinion, he lacks the necessary impartiality, but not otherwise."

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: 27/11/02🔍

Court: High Court (Administrative Court)🔍

Cited by:

Judge(s):

Parties:

  • S🔍
  • Mental Health Review Tribunal🔍
  • Secretary of State for Health🔍
  • Department of Health🔍

Citation number(s):

What links here:

Published: 12/9/08 16:36

Cached: 2022-06-28 12:48:44