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Roles of the Tribunal members

The Role of the Legal Member

The tribunal judge's role is to preside (i.e. take the chair) at Tribunal hearings. His or her responsibilities also include making sure that the proceedings are conducted fairly, that the legal requirements of the Mental Health Act are properly observed and advising on any questions of law which may arise. He or she is also responsible, in consultation with other members of the Tribunal, for drafting the reasons for the decision, and for signing the record of the decision. The tribunal judges are required to have "such legal experience, as the Lord Chancellor considers suitable". They are normally senior practitioners, but in "restricted patient" cases, must be Circuit Judges, or one of a small number of Recorders, who are also Queen´s Counsel.

Information about becoming a tribunal judge.

The Role of the Tribunal Member (Medical)

The tribunal member (medical) has a dual role to perform. The Tribunal Rules also require them to carry out an examination of the patient before the hearing and to take any steps that they consider necessary to form an opinion of the patient´s mental condition. At the hearing, they, together with the other members, have the judicial responsibility of deciding whether or not the patient should continue to be detained. If the member´s opinion of the patient differs significantly from other medical witnesses then this should be made known at the beginning of the hearing. This is because it would be unfair and contrary to a basic principle of natural justice if the Tribunal members were to take notice of information that had not been shared with all the other parties at the hearing. The tribunal member (medical) is invariably a consultant psychiatrist of several years' standing. He or she will be able to advise the other members of the Tribunal on any medical matters.

Information about becoming a tribunal member (medical).

The Role of the Tribunal Member

The member provides balance to the Tribunal as a representative of the community outside the legal and medical professions. Most of them will have a background of practical experience of working in the health and welfare fields in the NHS, voluntary organisations or private health sector.

Information about becoming a tribunal member..

The Role of the Regional Tribunal Judges

There are two Regional Tribunal Judges currently based in London and Preston. The Regional Tribunal Judges responsibilities include:

appointing members to particular hearings, ensuring that all the statutory requirements are complied with;
making judicial decisions and giving such directions as are necessary to ensure the speedy and just determination of every case;
organising training for members;
overseeing the members’ appraisal and mentoring scheme; and handling complaints about a Member’s conduct under the supervision of the Chamber President.