Secretary of State for the Dept of Health v MH

[2006] Lloyd's Rep Med 48

HOUSE OF LORDS

Lord BINGHAM of of Cornhill, Lord HOPE of Craighead, Lord RODGER of Earlsferry, Baroness HALE of of Richmond, and Lord BROWN of Eaton-under-Heywood

European Convention on Human Rights, article 5 — Detention of incapacitated patient — Incompatibility with Mental Health Act 1983 — Whether sufficient protection afforded to patient who was incapable of exercising rights of application to Mental Health Tribunal for herself — Whether extension of period of detention under section 29(4) of the Mental Health Act 1983 required automatic reference to court