Mental Health Review Tribunals - Just How 'Speedily'?

Journal of Mental Health Law, pp. 219-228, July 2002

10 Pages Posted: 4 Aug 2005

See all articles by Nicolette M. Priaulx

Nicolette M. Priaulx

Cardiff University; Cardiff University - Cardiff Law School

Abstract

This case commentary examines the UK Administrative Court decision in R (on the application of KB and others) v Mental Health Review Tribunal [2002] EWCA 639 (Admin). Stanley Burnton J in that case ruled that the State had breached the fundamental rights of compulsorily detained patients in failing to take effective steps to provide 'speedy' reviews in Mental Health Review Tribunals as to the lawfulness of their detention. This case note examines the content of the judgment and the future implications of this decision, having regard to the fact that such delays are commonplace, and of concern, are increasing through an established shortgage of medical tribunal members.

Keywords: mental health law; Mental Health Review Tribunals, compulsorily detained patients; review of detention; speedy reviews; Convention rights; Mental Health Act 1983; Human Rights Act 1998

JEL Classification: I10, I18

Suggested Citation

Priaulx, Nicolette M., Mental Health Review Tribunals - Just How 'Speedily'?. Journal of Mental Health Law, pp. 219-228, July 2002. Available at SSRN: https://ssrn.com/abstract=764566

Nicolette M. Priaulx (Contact Author)

Cardiff University ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
49
Abstract Views
985
PlumX Metrics