Mental Health Review Tribunal, North & East London Region and the Secretary of State for the Department of Health, ex p H (The Times, 2 April 2001) (CA)

Mental health – human rights – mental health review tribunal – incompatibility

The provisions of sections 72 and 73 of the Mental Health Act 1983 were incompatible with article 5 of the European Convention on Human Rights, in that they required a patient to prove that he was not suffering from mental disorder, and could not be interpreted so as to place the burden of proof on the relevant professionals.

* The Mental Health Act 1983 (Remedial) Order 2001, amending sections 72 and 73, came into force on 26 November 2001

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