88Authorisation of treatment by Tribunal

88 Authorisation of treatment by Tribunal

(1)  The Tribunal may authorise treatment for a forensic patient if satisfied that –

(a) the treatment has been recommended and applied for by an approved medical practitioner (the applicant) in accordance with section 195 ; and

(b) the patient has a mental illness; and

(c) without the treatment, the mental illness will, or is likely to, seriously harm –

(i) the patient's health or safety; or

(ii) the safety of other persons; and

(d) the treatment will be appropriate and effective in terms of the outcomes referred to in section 6(1) ; and

(e) the patient does not have decision-making capacity.

(2)  [Section 88 Subsection (2) amended by No. 18 of 2021, s. 255, Applied:05 Nov 2021] The Tribunal is to determine the application by way of a hearing before the Tribunal as constituted by 3 members.

(3)  The treatment may be authorised unconditionally or on such conditions as to time, method, supervision or otherwise as the Tribunal considers necessary or desirable and specifies in the authorisation.

(4)  [Section 88 Subsection (4) amended by No. 59 of 2016, s. 44, Applied:01 Jul 2017] The authorisation is to be in a form approved by the President of the Tribunal.

(5)  The Tribunal is to –

(a) [Section 88 Subsection (5) amended by No. 59 of 2016, s. 44, Applied:01 Jul 2017] give a copy of the authorisation to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) give a copy of the authorisation to –

(i) the applicant; and