R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201

Part II (civil) and Part III (criminal) powers can co-exist and operate independently of each other. "If he were discharged by the tribunal it would be a discharge in relation to his liability to detention under Section 3 which would in no way affect the Secretary of State’s powers to recall him as a restricted patient"

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Possible Bailii link (not there when checked last night, but might have appeared since)

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