Mental health – human rights – mental health review tribunal – incompatibility
The provisions of sections 72 and 73 of the Mental Health Act 1983 were incompatible with article 5 of the European Convention on Human Rights, in that they required a patient to prove that he was not suffering from mental disorder, and could not be interpreted so as to place the burden of proof on the relevant professionals.
* The Mental Health Act 1983 (Remedial) Order 2001, amending sections 72 and 73, came into force on 26 November 2001