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Text:Tribunal rule 35

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No disposal of proceedings without a hearing [Restrictions on disposal of proceedings without a hearing][1]

35.—(1) The Tribunal must not dispose of proceedings without a hearing. [(1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings.][1]

(2) This rule does not apply to a decision under Part 5.

[(3) The Tribunal may make a decision on a reference under section 68 of the Mental Health Act 1983 (duty of managers of hospitals to refer cases to tribunal) without a hearing if the patient is a community patient aged 18 or over and either—

(a) the patient has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference and the Tribunal is satisfied that the patient has the capacity to decide whether or not to make that decision; or
(b) the patient’s representative has stated in writing that the patient does not wish to attend or be represented at a hearing of the reference.

(4) The Tribunal may dispose of proceedings without a hearing under rule 8(3) (striking out a party’s case).][1]

Amendments

Last checked: 16/11/22