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Mental Health Bill [HL]

My Lords, let us suppose that one of the conditions under new Section 17B(3)(e) is that a person remains in their home from six o’clock in the evening until seven o’clock the following morning—the purpose being to prevent them from going out drinking, taking drugs or both. If the patient wishes to challenge that on the grounds that it is a disproportionate curfew in effect, which is exactly what has been done in the control order cases, what remedy would he have? What advice would the Government give to such a patient on how to proceed to have that condition rescinded on the grounds that it was disproportionate?