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MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 - SECT 78

Powers of the Review Tribunal.

78.(1) Where application is made to the Review Tribunal by or in respect of a
patient who is liable to be detained under this Act, the tribunal may in any
case direct that the patient be discharged, and shall so direct if they are
satisfied

(a)that he is not then suffering from mental disorder; or

(b)that it is not necessary in the interests of the patient's health or safety
or for the protection of other persons that the patient should continue to be
liable to be detained; or

(c)in the case of an application under sub-section (3) of section thirty-six,
that the patient, if released, would not be likely to act in a manner
dangerous to other persons or to himself or, as the case may be, that he would
receive proper care.

(2) Where application is made to the Review Tribunal by or in respect of a
patient who is subject to guardianship under this Act, the tribunal may in any
case direct that the patient be discharged, and shall so direct if they are
satisfied

(a)that he is not then suffering from mental disorder; or

(b)that it is not necessary in the interests of the patient or for the
protection of other persons that the patient should remain under such
guardianship.

(3) Where application is made to the Review Tribunal under any provision of
this Act by or in respect of a patient and the tribunal do not direct that
the patient be discharged, the tribunal may, if satisfied that the patient is
suffering from a form of mental disorder other than the form specified in the
relevant application, order or direction, direct that that application, order
or direction be amended by substituting for the form of mental disorder
specified therein a description of the patient as suffering from mental
illness or, as the case may be, as a person requiring special care, or both,
being the description which appears to the tribunal to be appropriate.

(4) This section shall apply in relation to references to the Review Tribunal
under section forty-five as it applies in relation to applications to the
tribunal by or in respect of patients, but shall not apply in relation to any
reference by the Minister of Home Affairs under section fifty-four.


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© 1961 Crown Copyright

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