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Secretary of State for Justice v MM; Welsh Ministers v PJ

Author / Contributor: Kris Gledhill
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Secretary of State for Justice v MM; Welsh Ministers v PJ
   
Issue: Whether a restricted patient with capacity could consent to a conditional discharge that involved a deprivation of liberty; whether a Tribunal was correct not to consider whether the conditions of a Community Treatment Order breached Art 5 ECHR; the role of arguments under the ECHR in Tribunal proceedings.
   
Court: Court of Appeal
   
Reference:   C3/2015/4104 PJ and C3/2016/0561 MM
   
Neutral Citation:   [2017] EWCA Civ 194
   
Judge(s): Sir James Munby P, Gloster LJ VP and Sir Ernest Ryder (Senior President of Tribunals)
   
Date: 29 March 2017