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16 February 2011 / Mark Mullins
Issue: 7453 / Categories: Features , Public
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A liberty worth defending

Mark Mullins reports on unlawful detention

On the 30 January 2009 an approved mental health professional (AMHP) working for the London Borough of Hackney made an application for the compulsory admission to hospital, under s 3 of the Mental Health Act 1983 (MHA 1983), of M, a painter and decorator. Her application stated that she had consulted with M’s brother (his “nearest relative”) and that he did not object.

The procedure for compulsory admission under MHA 1983  says that a s 3 application “may not be made” if the “nearest relative” objects (s 11(4)(a)). An application “which appears to be duly made” may be acted upon by hospital managers without further proof of any fact or opinion in it and gives a hospital legal authority to detain and treat a patient (s 6(3)).

The AMHP’s application was accepted and M was detained in the hospital trust’s hospital.

Habeas corpus proceedings

Habeas corpus proceedings brought urgently in the Administrative Court were decided on 11 February 2009. Burton J. heard oral evidence from M’s brother

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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