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This case addresses for the first time the compatibility of section 75(1) of the Mental Health Act 1983 with Article 5(4) of the European Convention on Human Rights. The decision of the Court of Appeal was that the statutory duty of the Secretary of State to act quickly in referring a recalled patient’s case to the Mental Health Review Tribunal, combined with the patient’s right to challenge the lawfulness of his detention by way of judicial review, was sufficient to satisfy the requirements of Article 5(4).

Section 75(1) of the Mental Health Act 1983 is compliant with Article 5(4) of the European Convention on Human Rights…just