MHA 1983 s25A: Difference between revisions
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A patient can apply to the MHRT to challenge the s25A before he has "left hospital" (and therefore while he is still liable to be detained). When would this ever happen in practice? Surely such an application would be treated as an appeal against liability to detention - unless the patient preferred admission for treatment to supervised discharge! (Edit the page if you can explain this.) | A patient can apply to the MHRT to challenge the s25A before he has "left hospital" (and therefore while he is still liable to be detained). When would this ever happen in practice? Surely such an application would be treated as an appeal against liability to detention - unless the patient preferred admission for treatment to supervised discharge! (Edit the page if you can explain this.) | ||
== Law == | |||
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Revision as of 22:14, 20 April 2006
(Lots of detail to insert.)
The supervised discharge starts when the application has been (a) made by the RMO and (b) accepted by the Health Authority, and (c) the patient has "left hospital": s25A(2). For a patient on s17 leave, "left hospital" refers to when the leave expires: s25A(9).
It is assumed that the s3 (or other admission for treatment) ends when the s25A begins.
A patient can apply to the MHRT to challenge the s25A before he has "left hospital" (and therefore while he is still liable to be detained). When would this ever happen in practice? Surely such an application would be treated as an appeal against liability to detention - unless the patient preferred admission for treatment to supervised discharge! (Edit the page if you can explain this.)
Law
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