Case Law

Conditional discharge – navigating the Mental Health Act & Mental Capacity Act interface: MC v Cygnet Behavioural Health Ltd and the Secretary of State for Justice [2020] UKUT 230 (AAC)

Doctor discharging woman from hospital Photo: aijiro/AdobeStock

Introduction

By Tim Spencer-Lane The relevant legal framework applies in England and Wales, and therefore this case is relevant for practitioners in both countries. Introduction The interface between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) is a complex area of law. A perennial and thorny issue for the courts has […]

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