Part 6

Short-term detention

Revocation of certificates

Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.
50
1
Where a patient is in hospital under authority of a short-term detention certificate or an extension certificate—
a
the patient; or
b
the patient’s named person,
may apply to the Tribunal for revocation of the certificate.
2
Before determining an application under subsection (1) above, the Tribunal shall afford 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 approved medical practitioner who granted the short-term detention certificate;
f
the mental health officer who was consulted under section 44(3)(c) of this Act;
g
if the patient has a responsible medical officer, that responsible medical officer;
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 application.
4
On an application under subsection (1) above, the Tribunal shall, if not satisfied—
a
that the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or
b
that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,
revoke the certificate.
5
Where, before a short-term detention certificate is revoked under subsection (4) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.