sec.338Chief executive may obtain particular information from Mental Health Review Tribunal

sec.338 Chief executive may obtain particular information from Mental Health Review Tribunal

This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section. The chief executive may ask the Mental Health Review Tribunal for the following (the requested information )— the tribunal’s decision on the review; the tribunal’s reasons for the decision; a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ; transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person. The Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children. Also, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following— prejudice a matter before the tribunal; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety; adversely affect a person’s mental health. The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter. s 338 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 95 (sec.338-ssec.1) This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section. (sec.338-ssec.2) The chief executive may ask the Mental Health Review Tribunal for the following (the requested information )— the tribunal’s decision on the review; the tribunal’s reasons for the decision; a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ; transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person. (sec.338-ssec.3) The Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. (sec.338-ssec.4) However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children. (sec.338-ssec.5) Also, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following— prejudice a matter before the tribunal; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety; adversely affect a person’s mental health. (sec.338-ssec.6) The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.