Part 6Short-term detention

Revocation of certificates

I150Patient’s right to apply for revocation of short-term detention certificate or extension certificate etc.

1

Where a patient is F1subject to a short-term detention certificate or an extension certificate—

a

the patient; or

b

the patient’s named person,

may apply to the Tribunal for revocation of the certificate.

2

Before determining an application under subsection (1) above, the Tribunal shall afford the persons mentioned in subsection (3) below the opportunity—

a

of making representations (whether orally or in writing); and

b

of leading, or producing, evidence.

3

Those persons are—

a

the patient;

b

the patient’s named person;

c

any guardian of the patient;

d

any welfare attorney of the patient;

e

the approved medical practitioner who granted the short-term detention certificate;

f

the mental health officer who was consulted under section 44(3)(c) of this Act;

g

if the patient has a responsible medical officer, that responsible medical officer;

h

any curator ad litem appointed in respect of the patient by the Tribunal; and

i

any other person appearing to the Tribunal to have an interest in the application.

4

On an application under subsection (1) above, the Tribunal shall, if not satisfied—

a

that the conditions mentioned in paragraphs (a), (b) and (d) of section 44(4) of this Act continue to be met in respect of the patient; or

b

that it continues to be necessary for the detention in hospital of the patient to be authorised by the certificate,

revoke the certificate.

5

Where, before a short-term detention certificate is revoked under subsection (4) above an extension certificate has been granted in respect of the patient, the revocation of the short-term detention certificate shall have the effect of revoking the extension certificate, notwithstanding that there has been no application under subsection (1) above in relation to the extension certificate.