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What does the MHRT do?
The Mental Health Review Tribunal (MHRT) are independent judicial bodies that operate under the provisions of the Mental Health Act 1983 and the Mental Health Review Tribunal Rules 1983.
The Tribunal´s main purpose is to review the cases of patients detained under the Mental Health Act and to direct the discharge of any patients where the statutory criteria for discharge have been satisfied.
In some cases, the Tribunal also has the discretion to discharge patients who do not meet the statutory criteria. These cases usually involve making a balanced judgement on a number of serious issues such as:
- the freedom of the individual,
- the protection of the public and
- the best interests of the patient.
The Tribunal has no discretion to discharge ‘restricted patients’. Tribunals normally sit in private and take place in the hospital or community unit where the patient is detained.
The MHRT´s principal powers are:
- to discharge a detained patient from hospital immediately or after a short further period of detention;
- to recommend leave of absence;
- to recommend supervised discharge and
- to recommend transfer to another hospital.
The MHRT may reconvene and rehear a case if there is failure to comply with their recommendations.
