Mental Health Act 2016
sec.318Application
Start here
Get a plain-English read of sec.318
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.318 Application
An application for an information notice relating to a relevant patient may be made to the chief psychiatrist by— a victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or a close relative of a victim mentioned in paragraph (a) ; or another individual who— has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and has a sufficient personal interest in receiving information under the notice about the relevant patient. The application must— be in the approved form; and state whether the applicant, or another person (the applicant’s nominee ), will be entitled to receive information under the notice; and be accompanied by a statutory declaration by the applicant and the applicant’s nominee, if any, that the applicant or applicant’s nominee will not publish information received under the notice in contravention of section 326 . In this section— forensic order includes a forensic order that has ended if the relevant day for the order has not passed. treatment support order includes a treatment support order that has ended if the relevant day for the order has not passed. s 318 amd 2022 No. 1 s 67 (sec.318-ssec.1) An application for an information notice relating to a relevant patient may be made to the chief psychiatrist by— a victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or a close relative of a victim mentioned in paragraph (a) ; or another individual who— has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and has a sufficient personal interest in receiving information under the notice about the relevant patient. (sec.318-ssec.2) The application must— be in the approved form; and state whether the applicant, or another person (the applicant’s nominee ), will be entitled to receive information under the notice; and be accompanied by a statutory declaration by the applicant and the applicant’s nominee, if any, that the applicant or applicant’s nominee will not publish information received under the notice in contravention of section 326 . (sec.318-ssec.3) In this section— forensic order includes a forensic order that has ended if the relevant day for the order has not passed. treatment support order includes a treatment support order that has ended if the relevant day for the order has not passed.
- (a) a victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or
- (b) a close relative of a victim mentioned in paragraph (a) ; or
- (c) another individual who— (i) has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and (ii) has a sufficient personal interest in receiving information under the notice about the relevant patient.