Mental Health Act 2015
126Review of forensic mental health order
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126 Review of forensic mental health order (1) The ACAT may review a forensic mental health order in force in relation to a person on its own initiative. (2) The ACAT must review a forensic mental health order in force in relation to a person if the person, or the person’s representative, applies for the review on the basis that the order, or part of the order, is no longer required. (3) The ACAT must review each forensic mental health order in force in relation to a person within 10 days if the ACAT receives notice in relation to the person under any of the following: (a) section 105 (Action if forensic psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order); (b) section 106 (Action if forensic psychiatric treatment order no longer appropriate—no longer necessary to detain person); (c) section 112 (Action if forensic community care order no longer
(d) section 113 (Action if forensic community care order no longer appropriate—no longer necessary to detain person). (4) A review of a matter under subsection (3) must include, as far as practicable, consulting a person mentioned in section 97. (5) The ACAT must review each forensic mental health order in force in relation to the person within 72 hours if the ACAT receives notice in relation to the person under— (a) section 124 (6) (Contravention of forensic mental health order); or (b) section 125 (5) (Contravention of forensic mental health order— absconding from facility). (6) A review required under subsection (5)— (a) may be conducted without a hearing; and (b) may include consulting a person mentioned in section 97. (7) If the ACAT is satisfied that a person in relation to whom a forensic mental health order is in force is no longer a person in relation to whom the ACAT could make a forensic mental health order, the ACAT must revoke all the forensic mental health orders in force in relation to the person. (8) In any other case, the ACAT may, if appropriate, do any of the (a) confirm, amend or revoke any of the forensic mental health orders in force in relation to the person; (b) make additional forensic mental health orders in relation to the
(c) make a mental health order in relation to the person; (d) make an assessment order in relation to the person. representative, for a person, means any of the following: (d) a close relative or close friend of the person; (e) a legal representative of the person.