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The Convention
The Convention
Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) provides for an individual’s right to liberty and security. Paragraph 4 of Article 5 provides:
“Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.”
Article 6 of the Convention provides for an individual’s right to a fair trial. Paragraph 1 provides:
“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- This appeal is about the Appellant, who is a patient detained at Broadmoor ( a secure psychiatric hospital). It is about his right to have his detention reviewed by a tribunal (even where he makes no
- Balancing the interests of open justice with the need to avoid a disproportionate infringement of the Appellant’s right to respect for his private and family life, I have decided not to use his name i
- Background
- The Hearing before the First-tier Tribunal
- Legal framework
- The Mental Capacity Act 2005
- The HESC Rules
- The Convention
- The First-tier Tribunal’s decision
- The permission stage
- Discussion
- Rule 11(7) appointments
- Capacity
- Capacity to make decisions about applying to the mental health tribunal
- Capacity to decide whether to appoint a representative
- Who is to assess capacity to make decisions about providing instructions?
- The Tribunal’s decision re IN’s capacity to make decisions about giving instructions
- What is a Rule 11(7)(a) appointed legal representative to do in the absence of express instructions?
- Was the representative’s appointment terminated?
- The adjournment application and the reasons for it
- Materiality
- Conclusions