SSJ v RB [2011] EWCA Civ 1608

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The Mental Health Tribunal may not grant a conditional discharge in circumstances where the conditions would inevitably lead to an Article 5 deprivation of liberty.

Other

Hearing: 12/10/11

Judgment 20/12/11

Before Maurice Kay, Arden, Moses LJJ

Mr Martin Chamberlain (instructed by Treasury Solicitor) for the Appellant

Mr Simon Burrows (instructed by odonnells Solicitors) for the First Respondent

The Second Respondent did not appear

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