Hospital direction patients can no longer apply to Tribunal during first six months
From 3/11/08 the MHA 2007 amends s69 so that s45A patients are no longer permitted to make a Tribunal application during the first six months of detention.
This is done by removing the reference to s45B(2) from s69(2)(b). The former states that hospital directions are treated as transfer directions; the latter give certain restricted patients the right to apply during the first six months.
Under sch 10 para 9(b) this change not not affect patients sentenced before 3/11/08.
Extract from Explanatory Notes
Not mentioned.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | paragraph 20(b) of Schedule 3 | s69 |
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- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
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- Limitation to the exceptions to the duty to instruct IMCA
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