Part 7Compulsory treatment orders

Chapter 4Review of orders

Powers of Tribunal

103Powers of Tribunal on application under section 92, 95, 99 or 100

1

Where an application is made under section 92 of this Act, the Tribunal may make an order—

a

extending the compulsory treatment order to which the application relates for the period mentioned in section 88(4) of this Act and varying the compulsory treatment order by modifying—

i

the measures; or

ii

any recorded matter,

specified in it;

b

extending the compulsory treatment order for that period;

c

refusing the application; or

d

refusing the application and revoking the compulsory treatment order.

2

Where an application is made under section 99 of this Act, the Tribunal may make an order—

a

revoking the determination to which the application relates;

b

revoking—

i

the determination; and

ii

the compulsory treatment order to which the determination relates;

c

confirming the determination; or

d

confirming the determination and varying the compulsory treatment order by modifying—

i

the measures; or

ii

any recorded matter,

specified in it.

3

Where an application is made under section 100(2)(a) of this Act, the Tribunal may make an order—

a

revoking the compulsory treatment order to which the application relates;

b

varying the compulsory treatment order by modifying—

i

the measures; or

ii

any recorded matter,

specified in it; or

c

refusing the application.

4

Where an application is made under section 95 or 100(2)(b) of this Act, the Tribunal may make an order—

a

varying the compulsory treatment order to which the application relates by modifying—

i

the measures; or

ii

any recorded matter,

specified in it;

b

refusing the application; or

c

refusing the application and revoking that order.

5

Before making a decision under any of subsections (1) to (4) above, the Tribunal shall afford the persons mentioned in subsection (6) below the opportunity—

a

of making representations (whether orally or in writing); and

b

of leading, or producing, evidence.

6

Those persons are—

a

the persons mentioned in section 102(3)(a) to (h) of this Act; and

b

any other person appearing to the Tribunal to have an interest in the application.