LM v MHTS [2010] ScotSC 150
The appellant had been subject to a Short-Term Detention Certificate (STDC), followed by a purported, and unlawful, Extension Certificate, which was then followed by a subsequent STDC. Section 44(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 prohibits the granting of a STDC following, inter alia, an Extension Certificate. An Application was made to revoke the second STDC, the MHTS refused the Application. This decision was subject to an Appeal to the Sheriff Principal who held that the appellant had, in fact, not been "subject to" the Extension Certificate, and thus the second STDC was valid.
Notes
The Sheriff noted that the appellant could have made an application in terms of section 291 to challenge the lawfulness of their detention. Interestingly, the burden of proof in such an application is upon the applicant, whereas this is not the case with respect to an application for a revocation of a STDC.
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