SSJ v KC  UKUT 376 (AAC)
Conditional discharge and DOL (1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (2) (Obiter) The same conditions would be lawful for a patient with capacity who gives real consent since this would mean there is no Article 5 deprivation of liberty.
Essex searchThis case's neutral citation number appears in the following newsletters:
- 39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 59, October 2015)
- 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020)