SSJ v KC (2015) UKUT 376 (AAC): Difference between revisions

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''(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.''
{{Case
 
|Date=2015/07/02
==External link==
|NCN=[2015] UKUT 376 (AAC)
{{bailii|(2015) UKUT 376 (AAC)|SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf}}
|Other citations=[2015] MHLO 49
 
|Court=Upper Tribunal (Administrative Appeals Chamber)
[[Category:Upper Tribunal decisions]]
|Judges=Charles
[[Category:Deprivation of liberty]]
|Parties=KC, Secretary of State for Justice, C Partnership NHS Foundation Trust
[[Category:Brief summary]]
|Sentence=Conditional discharge and DOL
[[Category:Transcript]]
|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.
[[Category:2015 cases]]
|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.

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Subject(s):

  • Deprivation of liberty🔍
  • Discharge conditions cases cases🔍
  • Upper Tribunal decisions🔍

Date: 2/7/15🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Cited by:

Judge(s):

Parties:

  • KC🔍
  • Secretary of State for Justice🔍
  • C Partnership NHS Foundation Trust🔍

Citation number(s):

What links here:

Published: 15/7/15 22:54

Cached: 2025-06-27 05:09:04