(1) Any person to whom a copy of a certificate of clinical review is sent under section 76 may apply to the Review Tribunal for a review of the patient's condition.
(2) Without limiting anything in subsection (1),—
(3) Where it appears that for any reason a formal review of a patient who is subject to a compulsory treatment order has not taken place as required by section 76, the Review Tribunal may review the patient's condition, either of its own motion or on application by any person to whom a copy of a certificate of clinical review would have been required to have been sent if the review had been held.
(4) Every application to the Tribunal under this section shall be addressed to the convener of the Review Tribunal.
(5) On receiving an application, the convener must—
(6) The Review Tribunal may—
(7) At the conclusion of any such review, the Review Tribunal shall set out its findings in a certificate of Tribunal review in the prescribed form, stating whether or not, in its opinion, the patient is fit to be released from compulsory status.
(8) If the Review Tribunal considers that the patient is fit to be released from compulsory status, the patient shall be released from that status accordingly.
(9) Notwithstanding anything in subsection (8), if the patient is a special patient (other than a special patient to whom paragraph (e) of the definition of special patient in section 2(1) applies) he or she shall be dealt with in accordance with subsection (1) of section 47, and subsections (3) and (5) of that section shall apply.
(9A) Despite anything in subsection (8), if a patient or special patient is subject to a compulsory treatment order that was made following an application under section 136(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, he or she must be dealt with in accordance with section 47A.
(10) If the Review Tribunal considers that the patient is not fit to be released from compulsory status, the convener shall send a copy of the certificate of Tribunal review to each of the following:
(11) To each of the persons specified in paragraphs (d) to (g) of subsection (10), the convener shall also send a statement of the legal consequences of the decision, and of the recipient's right to appeal to the court against the decision.
(12) Subject to subsection (15), the district inspector who receives a copy of the certificate of Tribunal review shall, after talking to the patient and ascertaining the patient's wishes in the matter, consider whether or not an appeal should be made to the court against the Review Tribunal's decision.
(13) If the district inspector considers that such an appeal should be made, the district inspector shall take whatever steps he or she thinks necessary to encourage or assist the patient, or any person specified in paragraphs (e) to (g) of subsection (10), to make such an appeal.
(14) If, in any case to which subsection (12) applies, the district inspector considers that an appeal against the Review Tribunal's decision should be made, but neither the patient nor any person specified in paragraphs (e) to (g) of subsection (10) intends to make such an appeal, the district inspector may report the matter to the court; and, in such a case, a Judge may, of his or her own motion, review the patient's condition as if an appropriate appeal had been made to the court.
(15) Instead of performing personally the functions specified in subsections (12) to (14), the district inspector may in any particular case arrange for an official visitor to perform them.
Section 79(2)(b): repealed, on 1 April 2000, by section 43(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).
Section 79(5): substituted, on 1 April 2000, by section 43(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).
Section 79(6): substituted, on 1 April 2000, by section 43(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).
Section 79(9): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 79(9A): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).