[2001] UKPC D 5

Section 1 Mental Health (Public Safety and Appeals) (Scotland) Act 1999 was not incompatible with Art.5(1)(e) European Convention on Human Rights in that the continued detention of restricted patients in a hospital on grounds of public safety was not dependent on their condition being capable of treatment. The Act was therefore not beyond the legislative competence of the Scottish Parliament.

PC (Sc) (Lord Slynn of Hadley, Lord Hope of Craighead, Lord Clyde, Lord Hutton, Lord Scott of Foscote)

15/10/2001