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) 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) the patient's representative has stated in writing that the
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