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AMENDMENT OF MENTAL HEALTH ACT 1959
The amendments inserted into the Bill provide that from the coming into force of the Act, Mental Health Review Tribunals shall be empowered to consider the substantive grounds for the continued detention of a restricted patient, and shall be required to order discharge where appropriate. The Bill as amended provides that such patients shall be entitled to apply directly to a Mental Health Review Tribunal once in the second six months of their detention, and thereafter once in any further 12 month period. A Mental Health Review Tribunal considering the case of a restricted patient will be required to direct his absolute discharge if it is satisfied that (a) he is not then suffering from mental illness, psychopathic disorder, mental impairment or severe mental impairment, or from any of those forms of disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment, or that (b) it is not necessary for the health or
safety of the patient or for the protection of other persons that he should receive such treatment, and that (c) it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment. If the Tribunal is satisfied as to (a) or (b) but not as to (c) (ie it believes that a continuing liability to recall to a hospital is appropriate) it is to be required to order his conditional discharge.
The Bill provides that it shall be up to Tribunals themselves to approve the conditions subject to which a conditionally discharged patient shall be discharged. Conditionally discharged patients will be able to apply to a Tribunal to vary the conditions attached to a warrant of conditional discharge, or to discharge the order altogether; this right may be exercised once during the second twelve months from the date of conditional discharge, and once thereafter in every subsequent period of two years.
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The Bill