Rule 22

Mental Health Review Tribunal Rules 1983 (as amended)

N.B. From 3/11/08 these rules will no longer apply. See Tribunal Rules for details.


Rules: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35

Schedules: 1A, 1B, 1C, 1D, 1E, 1F, 2

Explanatory note


Hearing procedure

22.—(1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests of the patient and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings.

(2) At any time before the application is determined, the tribunal or any one or more of its members may interview the patient, and shall interview him if he so requests, and the interview may, and shall if the patient so requests, take place in the absence of any other person.

(3) At the beginning of the hearing the president shall explain the manner of proceeding which the tribunal proposes to adopt.

(4) Subject to rule 21(4), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the patient (where he is not the applicant) and the responsible authority who may hear each other’s evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the tribunal.

(5) After all the evidence has been given, the applicant and (where he is not the applicant) the patient shall be given a further opportunity to address the tribunal.