R v Anglia and Oxfordshire Mental Health Review Tribunal, ex p Hagan

[2000] Lloyd's Rep Med 119

COURT OF APPEAL

Lord WOOLF MR, Lord Justice WALLER, and Lord Justice CHADWICK

Mental Health Act 1983 — Power of reclassification under section 72(5) — Cases in which more than one mental disorder specified in application, order or direction relating to a patient — Whether power extends to deletion of a specified mental disorder — Whether Mental Health Review Tribunal bound to delete reference to mental disorder where that disorder, though present, would not justify detention of the patient if considered on its own