ABSTRACT
Constitution and related aspects Tribunals meet the requirement of Article 5(4) of the European Convention on Human Rights to have a mechanism whereby a person can appeal so that ‘the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful’. Although their establishment is provided for by Section 65 of the Mental Health Act 1983, Mental Health Tribunals are independent. Their membership is appointed by the Lord Chancellor having been chosen by the Judicial Appointments Commission, which was set up by the Constitutional Reform Act of 2005.
