72 Powers of tribunals
Mental Health Act 1983 (1983 c 20) | Legislation

Discharge of patients

72  Powers of tribunals

[(1)     Where application is made to [the appropriate tribunal] by or in respect of a patient who is liable to be detained under this Act [or is a community patient], the tribunal may in any case direct that the patient be discharged, and—

(a)     the tribunal shall direct the discharge of a patient liable to be detained under section 2 above if [it is] not satisfied—

(i)     that he is then suffering from mental disorder or from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; or

(ii)     that his detention as aforesaid is justified in the interests of his own health or safety or with a view to the protection of other persons;

(b)     the tribunal shall direct the discharge of a patient liable to be detained otherwise than under section 2 above if [it is] not satisfied—

(i)     that he is then suffering from [mental disorder or from mental disorder] of a nature or degree which makes it appropriate

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