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.'' | ''(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 | ==External links== | ||
{{bailii|(2015) UKUT 376 (AAC)|SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf}} | {{bailii|(2015) UKUT 376 (AAC)|SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf}} | ||
[http://www.osscsc.gov.uk/Aspx/view.aspx?id=4593 OSSCSC] | |||
[[Category:Upper Tribunal decisions]] | [[Category:Upper Tribunal decisions]] |
Revision as of 15:37, 11 February 2016
(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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