View source for Tribunal Policy: Withdrawals (23/2/15)

{{Resource
|Title=Tribunal Policy: Withdrawals
|Organisation=Mental Health Tribunal
|Date=2015/02/23
|Type=Tribunal guidance
|Sentence=Withdrawal guidance
|Abstract=(1) Late withdrawals (where the request is received less than 48 hours, not counting non-working days, before the hearing) and "merely tactical" withdrawals ("such as where the case is part-heard, or if there are two cases that ought to be heard together and an attempt is made to withdraw one of them, or if an application for a postponement or adjournment has been made and refused and the withdrawal appears to be an attempt to get round the refusal") will be referred either to a registrar, salaried judge, or panel. (2) For late withdrawals: (a) the tribunal must be provided with full reasons why the patient wants to withdraw the application (and thus agrees to the continuation of detention or MHA order); (b) the tribunal will bear in mind that the need for, and right to, a periodic review of a patient's detention is an important safeguard which is necessary for Article 5 ECHR purposes, and which should not be abandoned lightly, especially if the hearing may achieve some good, and if in doubt the tribunal should refuse to consent. (3) Requests received after 4.30pm on the working day before the hearing will be considered by the panel.
|Detail===Text==

{{text|Tribunal Policy: Withdrawals (23 Feb 2015) (2015) MHLO 19}}

==Citation==
[2015] MHLO 19
|Saved=No
|News=No
|RSS pubdate=2021-4-10 08:35:32 AM
}}