The responsible medical officer in the vast majority of cases is present at the hearing in the role of a witness. If they are to act as the representative of the responsible authority they are instructed to do this by their trust; this is usually in Section 37/41 cases. Therefore, Nimmagadda & Jones (Reference Nimmagadda and Jones2008) are incorrect in their assertion that consultant psychiatrists, when giving evidence at a tribunal,‘act in most cases as the representative of the responsible authority.’
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