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71.—(1) The Secretary of State may at any time refer the case of a restricted patient to a Mental Health Review Tribunal.
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'''References by Secretary of State concerning restricted patients'''


(2) The Secretary of State shall refer to a Mental Health Review 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.
71.—(1) The Secretary of State may at any time refer the case of a restricted patient to [the appropriate tribunal].<ref name="TTFO">[[Transfer of Tribunal Functions Order 2008]] wef 3/11/08</ref>
 
(2) The Secretary of State shall refer to [the appropriate tribunal]<ref name="TTFO"/> 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.
(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.]<ref name="MHA">[[Mental Health Act 2007]] s37; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref>


(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.
(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.


(5) Where a person who is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the Criminal Procedure (Insanity) Act 1964 does not exercise his right to apply to a Mental Health Review Tribunal in the period of six months beginning with the date of that order, the Secretary of State shall at the expiration of that period refer his case to a tribunal.
(5)-(6) [...]<ref>[[Domestic Violence Crime and Victims Act 2004]]</ref>
 
(6) For the purposes of subsection (5) above a person who applies to a tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a patient withdraws his application on a date after the expiration of the period there mentioned the Secretary of State shall refer his case as soon as possible after that date.


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Latest revision as of 00:53, 6 August 2015

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].[1]

(2) The Secretary of State shall refer to [the appropriate tribunal][1] 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.][2]

(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.

(5)-(6) [...][3]

Amendments

  1. ↑ Jump up to: 1.0 1.1 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. ↑ Mental Health Act 2007 s37; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  3. ↑ Domestic Violence Crime and Victims Act 2004
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