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Application no. 24527/08 by M.S. against the United Kingdom lodged on 9 May 2008
The applicant, M.S., is a British national who was born in 1970 and lives in Birmingham. He is represented before the Court by Mr P. Carlin of Scott Moncrieff, Harbour & Sinclair, a firm of lawyers based in London.
The facts of the case, as submitted by the applicant, may be summarised as follows.
The applicant suffers from severe mental illness and impairment. In the early hours of 6 December 2004, police found the applicant sitting in his car in a state of mental confusion, sounding the vehicle’s horn, talking of a dead sister and asking to be arrested. He was arrested at 4.32 a.m. and detained at a police station under section 136 of the Mental Health Act 1983. The police also went to the applicant’s home, where they found his aunt, who had bruises to her face and upper body that had been inflicted by the applicant.
During his first day in police custody, the applicant’s condition and behaviour deteriorated. The custody records indicated that by 6.45 a.m. the applicant had lowered his trousers, was waving his testicles around and was licking the wall of his cell. He accepted three meals that day, and numerous drinks.
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