Mental Health Act 2016

On a review of a treatment support order, the tribunal must confirm the order if the tribunal considers the order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.

Also, the tribunal must confirm the treatment support order if—

a finding of unfitness has been made in relation to the person; and

the person has not been found fit for trial on a review of the person’s fitness for trial under chapter 12, part 6; and

the proceeding for the relevant offence has not been discontinued under section 490 or 491.