Practice and Procedure

R (on the application of AL) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2005)

PUBLISHED January 20, 2005

The secretary of state's power under the Mental Health Act 1983 s.42(3) to recall and detain a discharged, restricted patient, originally admitted under the Criminal Procedure (Insanity) Act 1964 s.5(1)(a), after a jury had returned a special verdict of not guilty by reason of insanity was not limited to where the patient was found to be suffering from the same form of mental disorder that was the foundation of his original detention in hospital.

[2005] EWCA Civ 02