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Briefing quick find:

Mental health law briefing 256 – DoLS guidance / Conditional discharge

The Mental Health Caseworkers Section of HM Prison and Probation Service has recently produced guidance on ‘Discharge conditions that amount to a deprivation of liberty.’ https://www.gov.uk/government/publications/discharge-conditions-that-amount-to-a-deprivation-of-liberty This refers to the recommendation in the independent review of the MHA published on 6 December 2018…

Inquests in deprivation of liberty cases

The Policing and Crime Act 2017 was granted Royal Assent on 31 January 2017. Section 178 of the Act will, once in force, amend the Coroners and Justice Act 2009 as follows: ‘But a person is not in state detention at any…

Case review: Deprivation of Liberty

A Deprivation of Liberty (DoL) must be legally authorised, even if the person in question is living in their own home and using privately-paid carers. The Court of Appeal handed down judgment in December in the case of Secretary of State…

DoLS – Where are we now?

Since their inception in April 2009, the Deprivation of Liberty Safeguards (DoLS), have proved administratively problematic, particularly since the clarification given by the Supreme Court in the Cheshire West case in March 2014 where the established characteristics of a deprivation…