9. Memorandum from Doughty Street Chambers
I understand that potential non-compliance of the proposed mental health legislation with the article 5 requirements of the decision in Johnson v UK has been raised with the committee. 1 have recently been involved in a case before the court of appeal in which these issues loomed large. 1 am attaching for the information of the Committee a copy of that judgment and the skeleton argument for the claimant and also the claimant in a case known as C in which the court gave its decision at the same time and which raised similar issues. The main issue of concern is whether there is sufficient power in the tribunal to guarantee the discharge of a patient once it has been decided that the criteria for discharge have been fulfilled. Funding for an appeal to the House of Lords in the case of IH has been sought.
19 July 2002
13 Not printed. Back