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Online forum | Latest topic on forum: Powers of Tribunal to discharge to lower security

R (SSHD) v MHRT, re MP [2004] EWHC 2194 (Admin)

Conditions attached to conditional discharge of restricted patients must not be so severe as to deprive the patient of his liberty (as opposed to merely restricting it). In this case the condition that the patient may not leave a hostel without escorts deprived him of his liberty. Re PH distinguished: the purpose of the restrictions (and the hope in PH that the need for them might diminish) was different.

Note

The relevance of purpose when considering deprivation of liberty is considered in Cheshire West and Chester Council v P [2014] UKSC 19.

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