Re-detention after a tribunal discharge – the last word?

Authors

  • David Hewitt
  • Kristina Stern

DOI:

https://doi.org/10.19164/ijmhcl.v1i10.148

Abstract

R v East London and the City Mental Health NHS Trust and another, ex parte von Brandenburg (aka Hanley) [2003] UKHL 58

House of Lords (13 November 2003). Lord Bingham; Lord Steyn; Lord Hobhouse of Woodborough; Lord Scott of Foscote; Lord Rodger of Earlsferry

A psychiatric patient who has been recently discharged from detention may be lawfully re-detained where the relevant ASW forms the reasonable and bona fide opinion that he or she has information not known to the tribunal that puts a significantly different complexion on the case.

Author Biographies

David Hewitt

Solicitor; partner in Hempsons

Kristina Stern

Barrister, practising from chambers at 39 Essex Street, London.

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Published

2014-09-04

Issue

Section

Casenotes