Mental Health Act · s 36

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36.
Review of involuntary patient
(1) Where the Visitors have made an order under section 35(2)(b) and the patient to whom the order relates is, before the expiration of the period specified in the order, still being detained in the psychiatric facility, the officer in charge of the psychiatric facility shall as soon as practicable, cause the patient to be brought before the Visitors.
(2) Where the patient is brought before the Visitors under subsection (1), the Visitors may, upon considering the report of the officer in charge or any officer authorised by him and the Visitors’ examination of the patient, direct that —
(a) the patient be discharged;

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(b) the patient be discharged at a future date as specified in the direction; or
(c) the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.
(3) Where the Visitors have made a direction under subsection (2)(c), the patient to whom the order relates, if he is not earlier discharged, shall —
(a) notwithstanding section 19, be examined by the officer in charge or any officer authorised by him at least once in 4 weeks; and
(b) be reviewed by the Visitors at least once before the end of the period of his detention in the psychiatric facility, to determine whether or not his continued detention is necessary.
(4) At each review of a patient by the Visitors under subsection (3)(b), the Visitors may, upon considering the report of the officer in charge or any officer authorised by him and their examination of the patient, direct that —
(a) the patient be discharged;
(b) the patient be discharged at a future date as specified in the direction; or
(c) the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.
(5) The review under subsection (4) shall continue for as long as the patient is detained in the psychiatric facility and the provisions of subsection (3) shall continue to apply with every detention of the patient for a further period not exceeding one year.

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s 36Review of involuntary patient

(1)

Where the Visitors have made an order under section 35(2)(b) and the patient to whom the order relates is, before the expiration of the period specified in the order, still being detained in the psychiatric facility, the officer in charge of the psychiatric facility shall as soon as practicable, cause the patient to be brought before the Visitors.

(2)

Where the patient is brought before the Visitors under subsection (1), the Visitors may, upon considering the report of the officer in charge or any officer authorised by him and the Visitors’ examination of the patient, direct that —

(a)

the patient be discharged;

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(b)

the patient be discharged at a future date as specified in the direction; or

(c)

the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.

(3)

Where the Visitors have made a direction under subsection (2)(c), the patient to whom the order relates, if he is not earlier discharged, shall —

(a)

notwithstanding section 19, be examined by the officer in charge or any officer authorised by him at least once in 4 weeks; and

(b)

be reviewed by the Visitors at least once before the end of the period of his detention in the psychiatric facility, to determine whether or not his continued detention is necessary.

(4)

At each review of a patient by the Visitors under subsection (3)(b), the Visitors may, upon considering the report of the officer in charge or any officer authorised by him and their examination of the patient, direct that —

(a)

the patient be discharged;

(b)

the patient be discharged at a future date as specified in the direction; or

(c)

the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.

(5)

The review under subsection (4) shall continue for as long as the patient is detained in the psychiatric facility and the provisions of subsection (3) shall continue to apply with every detention of the patient for a further period not exceeding one year.