Welsh Ministers v PJ [2018] UKSC 66
CTO and DOL (1) There is no power to impose conditions in a CTO which have the effect of depriving a patient of his liberty. (2) The patient's situation may be relevant to the tribunal's discharge criteria, and the tribunal may explain the true legal effect of a CTO (for the RC to act on that information), but if a patient is being unlawfully detained then the remedy is either habeas corpus or judicial review.
Essex search
This case's neutral citation number appears in the following newsletters:- 39 Essex Chambers, 'Mental Capacity Report' (issue 91, February 2019)
- 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019)
External links
Full judgment: BAILII
Subject(s):
Date: 17/12/18🔍
Court: Supreme Court🔍
Judicial history:
MM case:
- SSJ v MM [2018] UKSC 60
- SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194 (joint judgment)
- MM v WL Clinic [2016] UKUT 37 (AAC) (permission to appeal refused)
- MM v WL Clinic [2015] UKUT 644 (AAC)
PJ case:
Judge(s):
Parties:
Citation number(s):
What links here:- Community Treatment Order
- PJ v A Local Health Board [2015] UKUT 480 (AAC)
- MM v WL Clinic [2015] UKUT 644 (AAC)
- MM v WL Clinic [2016] UKUT 37 (AAC)
- SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194
- SSJ v MM [2018] UKSC 60
- Jonathan Wilson, 'Mental health: update' (Legal Action, February 2019)
- Interface between MHA and MCA
Published: 17/12/18 14:40
Cached: 2024-10-09 12:56:38
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