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

m (Text replacement - "\|Subject=(.*)Discharge conditions(.*)" to "\|Subject=$1Discharge conditions cases$2")
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|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.''
|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]
|External links=*[http://www.osscsc.gov.uk/Aspx/view.aspx?id=4593 OSSCSC]
\|Subject=Deprivation of liberty, Discharge conditions cases, Upper Tribunal decisions
|Subject=Deprivation of liberty, Discharge conditions cases, Upper Tribunal decisions
|Judgment=SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf
|Judgment=SSJ v KC (2015) UKUT 376 (AAC), (2015) MHLO 49.pdf
|News=No
|News=No
|RSS pubdate=2020/07/24 09:28:52 PM
|RSS pubdate=2020/07/24 09:28:52 PM
}}
}}

Revision as of 21:15, 2 May 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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Full judgment: BAILII
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Subject(s):

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

Date: 2 July 2015🔍

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: 2025-10-10 07:37:35

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