MHA 1983 s70

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part V contents

65, 66, 67, 68, 68A, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Overview of the MHA 1983
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Mental Health Act 2007

• This section is not changed by the Mental Health Act 2007.

Related cases

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• R (MN) v MHRT [2008] EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).

• R (P) v SSHD [2003] EWHC 2953 (Admin) — The ECHR does not require joint MHRT/Parole Board hearings; the need for consecutive hearings does not breach Article 5(4).

No results

See also

[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, 22. Applications to the First-tier Tribunal [Note that the chapter number relates to the old Reference Guide] — chapter 22, especially tables 22.5, 22.6 and 22.7

Law

Applications to tribunals concerning restricted patients

70. A patient who is a restricted patient within the meaning of section 79 below and is detained in a hospital may apply to [the appropriate tribunal]—

(a) in the period between the expiration of six months and the expiration of 12 months beginning with the date of the relevant hospital order[, hospital direction] or transfer direction; and

(b) in any subsequent period of 12 months.

Amendments