The Mental Health Tribunal

The Mental Health Tribunal ("the Tribunal") is made up of two Justices of the Peace and the Senior Magistrate sitting as Chairperson.

The purpose of the Tribunal is to ensure that the powers given to the hospital and police are used fairly and proportionately to a patient's needs. The Tribunal has a number of responsibilities and powers under the Mental Health Ordinance, that include;

  • The review of a patient's detention in hospital and, if the Tribunal feels that detention is not necessary, the discharge or revocation of the Order;
  • The review or discharge of Community Treatment Orders;
  • Removal of patients for treatment overseas, including authorising the use of medication, forcible restraints, or other specified measures;
  • The issue of warrants; and
  • General appeals.

Anyone who is being treated under the Mental Health Ordinance is automatically eligible for legal aid under the Automatic Civil Representation Order Scheme.