SSJ v KC (2015) UKUT 376 (AAC): Difference between revisions
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{{Case | |||
|Date=2015/07/02 | |||
|NCN=[2015] UKUT 376 (AAC) | |||
|Other citations=[2015] MHLO 49 | |||
|Court=Upper Tribunal (Administrative Appeals Chamber) | |||
|Judges=Charles | |||
|Parties=KC, Secretary of State for Justice, C Partnership NHS Foundation Trust | |||
|Sentence=Conditional discharge and DOL | |||
|Summary=(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. | |||
|External links=*[http://www.osscsc.gov.uk/Aspx/view.aspx?id=4593 OSSCSC] | |||
|Subject=Deprivation of liberty, Discharge conditions cases cases, Upper Tribunal decisions | |||
|Judgment=SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf | |||
|News=No | |||
|RSS pubdate=2020/07/24 09:28:52 PM | |||
}} |
Latest revision as of 11:54, 8 October 2021
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 search
This 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)
External links
Full judgment: BAILII
Download here
Subject(s):
Date: 2/7/15🔍
Court: Upper Tribunal (Administrative Appeals Chamber)🔍
Cited by:
Judge(s):
- Charles🔍
Parties:
Citation number(s):
- [2015] UKUT 376 (AAC)B
- [2015] MHLO 49
- Jonathan Wilson, 'Mental health: update' (Legal Action, February 2018)
- Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016)
- MC v Cygnet Behavioural Health Ltd [2020] UKUT 230 (AAC)
Published: 15/7/15 22:54
Cached: 2025-06-27 05:09:04
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