Serious Violence Reduction Orders (Pilot Scheme 2023)
April 2023 was the start of the Serious Violence Reduction Orders (SVRO) pilot program....- 25 May 2023
The Upper Tribunal (Administrative Appeals Chamber) deals with appeals from the First-tier Tribunal.
A Tribunal panel is comprised of three members who are completely independent from the hospital. There is the Chairperson who is a lawyer, a Specialist Member who has an interest in social and mental health issues, and a Medical Member who is a consultant psychiatrist. In some cases the detained person can chose whether or not to have the medical member visit them prior to the hearing.
If the person choses to see the Medical Member they will view medical records and have a discussion with them. The medical member will form their own opinion and will pass on this information to the Tribunal panel. This will be fedback to the person and their Solicitor at the start of the hearing. A person who’s case is due to be heard by the Tribunal does not have to attend the hearing if they do not want to.
Prior to the hearing the clinical team (Responsible Clinician, Nurse and Care-Coordinator) will be asked to prepare a report detailing whether they believe the criteria for detention is made out and why. The persons Solicitor will discuss the reports with them prior to the hearing and make a note of any areas of disagreement. In some cases it may be justifiable to instruct an independent expert or to call other witness on behalf of the person.
The Tribunal will hear evidence from the clinical team and from the detained person (should they attend the hearing). The Solicitor will ask questions on behalf of the person and put their case forward by way of cross-examination and in opening and closing submissions.
The Tribunal will then make a decision which will be communicated to all parties on the same date and they will provide their full written reasons for their decision within 7 days of the hearing.
The Tribunal’s power varies depending on what section a person is detained under:
In all civil cases the Tribunal has the power to discharge the section, but if it does not, it can make recommendations. The Tribunal cannot change a person’s treatment (such as medication) but it can recommend:
If a Tribunal makes a recommendation and it is not complied with then the Tribunal can reconvene if it thinks it appropriate. The Tribunal also have the power to adjourn the case and can also order discharge on a future date.
The Tribunal has the same powers for unrestricted forensic sections as outlined above. If the Tribunal discharges a section 47 or section 48 patient they will not be returned to prison but will be discharged straight to the community.
In forensic restricted cases the Tribunal’s powers are much more complex and is only briefly summarised below.
With section 37/41 cases the Mental Health Tribunal has the power to discharge the section either conditionally or absolutely. It can also defer a conditional discharge and make non-binding recommendations.
With section 47/49 cases the Mental Health Tribunal can make notifications and recommendations to the MOJ regarding a person’s discharge. If the MOJ agrees to the persons discharge from section they would then be returned to prison to serve the remainder of their sentence unless the Tribunal also made a recommendation that they should remain in hospital. If this occurs the person will have access to the parole board from hospital in the same way as if they had been remitted to prison.
With section 48/49 cases the Mental Health Tribunal has the power to discharge the section. The effect of a discharge would mean that the person is transferred back to prison and would be detained under the Criminal Justice System as before.
| Section | Eligibility to appeal |
|---|---|
| s.2 | Application must be placed during the first 14 days of detention |
| s.3 | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.7 (Guardianship) | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.17A (CTO patient previously subject to s.3) | One application during the first 6 months that the CTO was made, one application in the second 6 months and one application allowed per year thereafter |
| s.17A (CTO patient previously subject to s.37 Hospital Order unrestricted) | One application during the first 6 months that the CTO was made*, one appeal in the second 6 months and one application allowed per year thereafter *No application may be made within 6 months of the hospital order being made |
| s.37 (Hospital Order by Court) | No application during the first 6 months, one application in the second 6 months and one application allowed per year thereafter |
| s.37 (Guardianship Order) | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.37/41 (Hospital Order with Restriction) | No application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.47 | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.47/49 | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter/td> |
| s.48 | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| S.48/49 | One application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
| s.45A | No application during the first 6 months of detention, one application in the second 6 months of detention and one application allowed per year thereafter |
- 25 May 2023
- 25 May 2023
- 22 May 2023
