Mental Capacity Act (Northern Ireland) 2016

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

Commentary on Sections

Part 10 – Criminal Justice

Chapter 8 – Rights of Review of Detention under Part 10

Section 228 - Power of certain persons to refer case to Tribunal

This section provides that a person’s case can be referred to the Tribunal at any time by the Attorney General, the Department, or, on the direction of the High Court, the Master (Care and Protection). In relation to a person who is detained under a public protection order, the question to be referred to the Tribunal is whether the person should be discharged from detention. In relation to the hospital direction and hospital transfer direction, the question is whether the person should be transferred from hospital to the place where he or she would have been detained if the direction had not been given.

Provision is also made that for the purpose of providing information for the referral, a medical practitioner who has been authorised by or on behalf of the person who is being detained may visit the detained person and examine him or her in private, as well as requiring the production of, examine and take copies of, any health record and any other record that relates to the person’s detention, care or treatment.