Part 9Compulsion orders
Chapter 2Review of compulsion orders
Powers of Tribunal
167AF1Duties of Tribunal on application under section 164A
1
This section applies where an application is made under section 164A in respect of a patient.
2
If the Tribunal is satisfied that, without the provision of medical treatment of the kind mentioned in section 139(4)(b) to the patient, there would be a significant risk to the safety of other persons, it must refuse the application.
3
If the Tribunal is not satisfied as mentioned in subsection (2), it must determine that the disclosure period applicable to the compulsion order ends with immediate effect.
4
Before refusing an application under subsection (2) or making a determination under subsection (3), the Tribunal must afford the persons mentioned in subsection (5) the opportunity—
a
of making representations (whether orally or in writing), and
b
of leading, or producing, evidence.
5
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 mental health officer,
f
the patient's responsible medical officer,
g
the patient's primary carer,
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.
6
In this section and section 164A—
a
“disclosure period”, in relation to a compulsion order, is to be construed in accordance with the Rehabilitation of Offenders Act 1974,
b
references to the disclosure period applicable to a compulsion order are to be construed in accordance with section 5G(1) of that Act.