Mental Health Act · 2023 Revised Edition · Part · Visits, Examination and Review by Board of Visitors
36. Review of involuntary patient
Official textFrom Attorney General's Chambers, unchanged
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.
psychiatric facility
“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
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 —
officer in charge
“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
the patient be discharged;
Mental Health
the patient be discharged at a future date as specified in the direction; or
the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.
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 —
notwithstanding section 19, be examined by the officer in charge or any officer authorised by him at least once in 4 weeks; and
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.
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 —
the patient be discharged;
the patient be discharged at a future date as specified in the direction; or
the patient be detained for care and treatment for a further period not exceeding one year as may be specified in the direction.
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.
Terms defined in s 2
involuntary patient
Defined · s 2“involuntary patient” means a person admitted into and detained in a psychiatric facility under section 8(1), detained in a psychiatric facility under section 7(4), 12(1) or 12(3) or admitted into a psychiatric facility by an order of the court made under section 44 or 62;
officer in charge
Defined · s 2“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
psychiatric facility
Defined · s 2“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
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Quality of Psychiatric Healthcare Facilities and Services
Part
Proceedings in Inquiries Into Mental Disorder
Part