MHA 1983 s71
Change made by Mental Health Act 2007
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- R (IH) v SSHD  EWHC Admin 1037 — Section 73 is compatible with Article 5 ECHR: deferred conditional discharge is a provisional decision; the Tribunal can monitor progress, and reconsider and amend the decision if appropriate.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 23. References to the Tribunal [Note that the chapter number relates to the old Reference Guide] — paragraphs 23.20 to 23.22 and 23.24
References by Secretary of State concerning restricted patients
71.—(1) The Secretary of State may at any time refer the case of a restricted patient to [the appropriate tribunal].
(2) The Secretary of State shall refer to [the appropriate tribunal] the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years.
(3) The Secretary of State may by order vary the length of the period mentioned in subsection (2) above.
[(3A) An order under subsection (3) above may include such transitional, consequential, incidental or supplemental provision as the Secretary of State thinks fit.]
(4) Any reference under subsection (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides.