Re C (Mental Patient: Habeas Corpus) [2002] EWHC 243 (Admin)

The application for the issue of a writ of habeas corpus was premature and without any prospect of success; the proper course was to judicially review the Tribunal decision


C was detained under s37/41. The MHRT declined to discharge, favouring one psychiatrist's evidence over another. C applied for the issue of a writ of habeas corpus.

Held: Unless the Tribunal's decision is successfully challenged by way of judicial review, there is no basis for the court to form even a provisional view that Mr C may be unlawfully detained. The application for habeas corpus is at the very least premature and, on the basis of the present material, is without any prospect of success.

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