2011 11 Mental Health

Thursday 1 December 2011

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R (on the application of Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359 (Mummery LJ, Richards LJ, Black LJ): In allowing an appeal in part the Court of Appeal held that although an application for a review of detention under section 2 under the Mental Health Act s.66(1) had to be made within 14 days of a patient's detention, the time limit was extended where the expiry date fell on a date that was not a working day. He Court held here was no reason why the approach in Mucelli v Albania [2008] 1 WLR 2437 could not be equally applicable to time limits in relation to detention under s.2 Mental Health Act 1983. (Click here for transcript).

R v Groucher [2011] All ER (D) 164 (Oct): On appeal, the restriction order was quashed: the judge had applied the correct test as to whether it was necessary to protect the public from serious harm but, as confirmed by a psychiatric report prepared for the appeal, he had got the answer wrong. (Transcript not available).

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