Welsh Ministers v PJ  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 searchThis 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)