975. Hearings.

975.     Hearings.

The tribunal1 must hold a hearing before making a decision which disposes of proceedings2. The tribunal may make a decision on a reference by the manager of a hospital3 without a hearing if the patient is a community patient aged 18 or over and either:

  1.  

    (1)     the patient has stated in writing that he does not wish to attend or be represented at a hearing of the reference and the tribunal is satisfied that the patient has the capacity to decide whether or not to make that decision4; or

  2.  

    (2)     the patient's representative has