ABSTRACT
This chapter explores discretionary decision-making in another part of the mental health system. It focuses on Mental Health Review Tribunals and on their powers to release patients who are detained in hospital under restriction orders because of their propensity to inflict serious harm on others. The first part of the chapter further addresses the general concept of discretionary decision-making and the use of discretion in the arenas of criminal justice and mental health. The second section provides background information about the Mental Health Review Tribunal system and factual information about the procedures and powers of Tribunals in restricted cases. The third section presents the results of a recent empirical study of Tribunal decision-making conducted in the Trent region in the late 1990s. The fourth part of this chapter moves on to discuss the results of this empirical research in light of discretionary decision-making research in analogous contexts. With reference to the research findings, the fifth and final section of this chapter discusses the proposals for reform of the Mental Health Act 1983.
