Part 7Compulsory treatment orders

Chapter 4Review of orders

Powers of Tribunal

102Powers of Tribunal on review under section 101

1

On the review of a determination under section 101 of this Act, the Tribunal may make an order under this section—

a

revoking the determination;

b

revoking both the determination and the compulsory treatment order;

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.

2

Before making a decision under subsection (1) above, the Tribunal shall allow the persons mentioned in subsection (3) below the opportunity—

a

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

b

of leading, or producing, evidence.

3

Those persons are—

a

the patient;

b

the patient’s named person;

c

any guardian of the patient;

d

any welfare attorney of the patient;

e

the mental health officer;

f

the patient’s responsible medical officer;

g

the patient’s primary carer;

h

any curator ad litem appointed in respect of the patient by the Tribunal; and

i

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