Mental Health Law Cases, Laws & Psychiatry in the UK
Below are recent mental health law cases from our CaseCheck archive, including information on mental health laws, law & psychiatry, and law & psychology. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
LA v Mental Health Tribunal for Scotland, Sheriff Principal B A Lockhart, Hamilton Sheriff Court, 20 July 2011  -  This was an appeal against the respondents’ decision on 20 April 2011 in terms of section 324(5) of the Mental Health (Care and Treatment)(Scotland) Act 2003 to refuse the appellant’s application for revocation of a section 44 short term detention certificate.At the original hearing in respect of the... more...
Variation of a Guardianship Order in respect of J.M., Sheriff Baird, Glasgow Sheriff Court, 8th June 2011  -      J.M. was an adult who had been placed under the guardianship of Glasgow City Council by the High Court. This was the first order of its kind made by the Court, exercising its criminal jurisdiction under s.58(1A) of the Criminal Procedure (Scotland) Act 1995. J.M. was accused of serious sexual offences... more...
JG v. Mental Health Tribunal for Scotland, Sheriff Principal Scott, Glasgow Sheriff Court, 17th June 2011  -  Parties and Background This was an appeal against a decision of the Mental Health Tribunal for Scotland. The appellant had been subject to a compulsory treatment order since 19 July 2006. In November 2010 the appellant's mental health deteriorated. On 20th December 2010 the Tribunal decided to... more...
LBN v. Fiona Borland and the Mental Health Tribunal for Scotland, Sheriff Principal Lockhart, Ayr Sheriff Court, 9 May 2011  -    Parties and Background The appellant was a patient being treated for a mental health illness at Ailsa Hospital. The first respondent was the patient’s Mental Health Officer. The second respondent was the Mental Health Tribunal for Scotland. In March 2011 a short term detention certificate was granted... more...
J.G. v. Mental Health Tribunal for Scotland, Sheriff Principal James A. Taylor, Glasgow Sheriff Court, 14 October 2010  -  On 13 April 2010, the mental health officer of the appellant was in possession of a report which expressed the view that the appellant had a mental disorder such that an application to the Mental Health Tribunal under section 63 of the Mental Health (Care and Treatment) (Scotland) Act 2003 was warranted.... more...
Dispensing with Service of Applications under the Adults with Incapacity (Scotland) Act 2000 on the Adult Application in respect of DC, Sheriff J A Baird, Glasgow Sheriff Court, 22 October 2010  -  On 21 October 2010, an application in terms of the Adults with Incapacity (Scotland) Act 2000 was received at Glasgow Sheriff Court, for the grant of powers of guardianship relating to the financial and welfare affairs of an adult. The application in question sought to dispense with the requirement... more...
The City of Edinburgh Council v. D, 30 September 2010, Sheriff Fiona Lennox Reith QC  -  The respondent was admitted to hospital in May 2001 with suicidal ideation and a strong desire to harm himself. He was diagnosed as having a neuro-developmental disorder, Asperger's syndrome. In subsequent years, the respondent had been the subject of guardianship proceedings, due to concerns over his... more...
W.S. v. The Mental Health Tribunal, The Scottish Ministers, the Ayrshire and Arran Health Board & Others [2010] CSIH 74  -  The appellant was admitted to the State Hospital in 1996. In May 2007, the Mental Health Tribunal for Scotland made an order under section 264 of the Mental Health (Care and Treatment) (Scotland) Act 2003 declaring that the appellant was being held in conditions of excessive security. The appellant’s... more...
M.J.J.A.B. v. The Scottish Ministers [2010] CSIH 31  -  On 10 May 1996, the appellant pled guilty at Kilmarnock Sheriff Court to a charge of assault and robbery and a charge of assault. While on remand prior to sentence the appellant was transferred to the State Hospital at Carstairs for assessment and was diagnosed as suffering from schizophrenia. At sentencing... more...
Petition of R.M. v. The Scottish Minsters [2008] CSOH 123  -  Here the petitioner, a detainee in Leverndale Hospital under a compulsion order under the Criminal Procedure (Scotland) Act 1995, sought to challenge the effectiveness of the provisions of section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003. It was submitted on behalf of the petitioner... more...
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