R (on the Application of H) v Mental Health Review Tribunal

[2001] Lloyd's Rep Med 302

COURT OF APPEAL

Lord Justice KENNEDY, and Lord Justice DYSON

Appeal from refusal of relief by way of judicial review — Mental Health Tribunal — Sections 72 and 73 of the Mental Health Act 1983 — Decision not to discharge patient from detention — European Convention on Human Rights Article 5 — Compatibility of sections 72 and 73 with Article 5 — Whether to issue a declaration of incompatibility under the Human Rights Act 1998