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Explanatory Memorandum to Mental Health (Amendment) (NI) Order 2004

Commentary on Articles

8.In order to remove the incompatibility with the Convention right, Article 3 of the Order amended Article 77 of the Mental Health (Northern Ireland) Order 1986 to provide that a Mental Health Review Tribunal shall direct the discharge of a patient if it is not satisfied that the criteria justifying detention in hospital for treatment continue to exist. Article 4 of the Order also made a similar amendment to Article 78 of the 1986 Order.

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