Mental Health (Compulsory Assessment and Treatment) Act 1992

80 Tribunal reviews of certain special patients

• (1) Any person to whom a copy of a certificate of clinical review is sent under section 77 may apply to the Review Tribunal for a review of the patient's condition.

  (2) Without limiting anything in subsection (1), the Review Tribunal shall review the patient's condition on the application of the Attorney-General pursuant to subsection (3)(d) of section 77 or of the Minister of Health pursuant to subsection (4)(d) of that section.

  (3) The provisions of subsections (2) to (6) of section 79 shall apply in respect of every review under this section as if it were a review under that section.

  (4) In the case of a special patient who was ordered to be detained following a finding of unfitness to stand trial, the following provisions shall apply to any review of that patient's condition under this section:

  • (a) the Review Tribunal shall record its findings in a certificate of Tribunal review in the prescribed form, stating whether, in its opinion,—

    • (i) the patient is no longer unfit to stand trial; or

    • (ii) the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient; or

    • (iii) the patient is still unfit to stand trial and should continue to be subject to the order of detention as a special patient:

  • (b) in every case, the convener of the Review Tribunal shall send a copy of the certificate of Tribunal review to each of the persons specified in section 79(10):

  • (c) in any case where the Review Tribunal considers that the patient is no longer unfit to stand trial, or that the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient, the convener of the Review Tribunal shall also send a copy of the certificate of Tribunal review to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

  (5) In the case of a special patient who was ordered to be detained following acquittal on account of insanity, the following provisions shall apply to any review of that patient's condition under this section:

  • (a) the Review Tribunal shall record its findings in a certificate of Tribunal review in the prescribed form, stating whether or not, in its opinion, the patient's condition still requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient:

  • (b) in every case, the convener of the Review Tribunal shall send a copy of the certificate of Tribunal review to each of the persons specified in section 79(10):

  • (c) in any case where the Review Tribunal considers that the patient's condition no longer requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, the convener of the Review Tribunal shall also send a copy of the certificate of Tribunal review to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

    Section 80(4): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 80(4)(a)(i): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 80(4)(a)(ii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 80(4)(a)(iii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 80(4)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 80(5)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).