Supreme Court to consider lawfulness of deprivation of liberty imposed under conditions of a Community Treatment Order

Supreme Court to consider lawfulness of deprivation of liberty imposed under conditions of a Community Treatment Order


CategoryNews Author Jenni Richards QC, Peter Mant Date

The Supreme Court has granted permission to appeal in the case of Welsh Ministers v PJ [2017] EWCA Civ 194. The Court of Appeal held that a responsible clinician has power to impose CTO conditions that amount to a deprivation of liberty by “necessary implication” under the Mental Health Act 1983.

Jenni Richards QC and Peter Mant are acting for the appellant who argues that a power to impose a deprivation of liberty cannot lawfully be implied, and the Court of Appeal’s approach is contrary to the requirements of Articles 5(1) and (4) ECHR.

The appeal is due to be heard on 22 October 2018.


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