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Alt: Springham; Scottish Government Legal Directorate (for the Scottish Ministers)
[1] This is an appeal against a decision of the Mental Health Tribunal for Scotland (the Tribunal) dated 11 August 2008 to refuse to make an order under section 220(5) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act) returning the appellant from the State Hospital, Carstairs to Linden House, Yorkshire where he was formerly detained. The appellant is subject to a Compulsion Order and a Restriction Order under sections 57A and 59 of the Criminal Procedure ( Scotland ) Act 1995. Before I narrate the history of events, I shall set out the relevant legislation.
[2] Section 264 provides a remedy for a patient in compulsory detention who considers that he is being held in conditions of excessive security. It provides inter alia as follows:
" ... (2) ... the Tribunal may, if satisfied that the patient does not require to be detained under conditions of special security that can be provided only in a state hospital, make an order-
(a) declaring that the patient is being detained in conditions of excessive security; and
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