122Review of long term voluntary admissions

122 Review of long term voluntary admissions (1) The Tribunal must review the admission of a person as a voluntary patient where the person remains in the approved treatment facility for longer than 6 months and must continue to review the admission at intervals not longer than 6 months as long as the person remains admitted as a voluntary patient. (1A) In addition, the Tribunal must review the admission of a person under section 27 as a voluntary patient on the application of an authorised psychiatric practitioner. (2) Following a review, the Tribunal if it is satisfied: (a) that the person is able to give informed consent – may confirm the admission of the person as a voluntary patient; or (aa) that the person has an adult guardian or a decision maker, is willing to be admitted and does not fulfil the criteria for admission on the grounds of mental illness or mental disturbance – may confirm the admission of the person as a voluntary patient; or (b) that the person fulfils the criteria for involuntary admission on the grounds of mental illness – may order that the person be detained as an involuntary patient on those grounds for not longer than 3 months and, where it does so, it must fix a date for the order to be again reviewed; or (c) that the person fulfils the criteria for involuntary admission on the grounds of mental disturbance – may order that the person be detained as an involuntary patient on those grounds for not longer than 14 days and, where it does so, it must fix a date for the order to be again reviewed; or (d) that the person fulfils the criteria for involuntary treatment or care in the community – may make a community management order in relation to the person. (3) Following the review, if the Tribunal is not satisfied that the person: (a) will benefit from continuing to be admitted as a voluntary patient; or (b) fulfils a criteria referred to in subsection (2); it must order that the person be discharged from the approved

Mental Health and Related Services Act 1998 112 (4) Where the Tribunal makes an order under subsection (2)(b) or (c), it must authorise the treatment that may be administered to the person under the order. (5) An order under subsection (2)(b) ceases to have effect if the person for whom the order is made is discharged from the approved treatment facility under section 40(3).