Mental Health Review Tribunals (MHRTs)
MHRTs provide the right of appeal against their detention under the Mental Health Act. A patient's nearest relative have also a separate right of appeal against the patient's detention From the 3rd November 2008, the MHRT system was replaced by the First Tier Tribunal within the Health, Education and Social Care chambers for Tribunals.
Sections 72 to 74 of the Act give the criteria to be met prior to a Tribunal discharging a patient. The discharge criteria varies according to the type of Section. The Tribunal makes decisions based on the civil standard of proof (based on the balance of probabilities).
Restricted patients can be either absolutely discharged or conditionally discharged (where the patient is liable for recall). The Tribunal has the power to defer a conditional discharge until such arrangements (as necessary) for the discharge have been met.
Sections 72 to 74 of the Act give the criteria to be met prior to a Tribunal discharging a patient. The discharge criteria varies according to the type of Section. The Tribunal makes decisions based on the civil standard of proof (based on the balance of probabilities).
Restricted patients can be either absolutely discharged or conditionally discharged (where the patient is liable for recall). The Tribunal has the power to defer a conditional discharge until such arrangements (as necessary) for the discharge have been met.