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R (SSHD) v MHRT, re BR [2005] EWHC 2468 (Admin)

For restricted patients, Tribunals should consider appropriateness of liability to recall even if not satisfied that there is any detainable mental disorder.


Tribunal absolutely discharged BR without considering appropriateness of liability to recall (i.e. conditional discharge).

Decision quashed, for the reason above, and case remitted to tribunal. (Unless there had been a deterioration, it was hoped that Home Secretary will conditionally discharge pending the next hearing.)

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