Ashingdane Case

Abstract

Human rights — Arrest and detention — Detention of mentally disordered offender at special security hospital — Recommendation for transfer to open psychiatric hospital — Transfer not carried out because of trade union action — Whether continued detention in secure hospital unlawful — European Convention on Human Rights, 1950, Article 5(1)(e)

Human rights — Access to courts — Claim for breach of statutory duty under Mental Health Act barred — Whether denial of access to courts — Whether violation of right to judicial determination of lawfulness of detention — European Convention on Human Rights, 1950, Articles 5(4) and 6(1)