Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by tracey

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014