The Tribunal would wish for the patient to attend and engage in the hearing. Rule 2(2), which addresses the manner of dealing with cases fairly and justly, emphasises the importance of flexibility and of ensuring, so far as practicable, that the parties are able to participate fully in the proceedings.
The client does wish to attend the hearing but would like to be discharged. Can I advise the client that it would be better for him to attend, as the Tribunal would like to hear his evidence, and his attendance may increase the chances of discharge?
In theory the tribunal can do without the patient – sometimes even conducting paper reviews without any oral evidence – but in practice your advice must nearly always be right.
You are free to advise your client in whichever way you think best.
I am not aware of the circumstances of your client. Therefore I am unable concur or or form a different view.
There is no general rule that says a patient is at an advantage for discharge by not attending. Statistics if they exist showing an advantage or disadvantage cannot apply soundly to an individual case.
I’ve seen some patients attend Tribunals, fighting ‘tooth and nail’ and in effect they make out the case for upholding the detention; leaving me as the RC with rather little to argue (for detention).
The first sign of this phenomenon, is the sort of look that panelists take on […].