Eligibility periods
One application may be made to the MHRT in each eligibility period. These periods vary from section to section.
Section/event | Applicant | Eligibility period(s) | Authority |
---|---|---|---|
s2 | Patient | Application may only be made during the first 14 days' detention | s66(1)(a) and (2)(a) |
s3 | Patient | One application during first six-month period; once during subsequent six-month period; once during each annual period thereafter | s66(1)(b) and (2)(b) |
s37 | Patient | No application during first six-month period; otherwise as for s3 | s69(1)(a) |
s37/41 | Patient | As for s37 | s70 |
Notional s37 | Patient | As for s3 | s69(2) (first six-month period), s69(1)(a) |
s47/49 | Patient | As for s3 | s69(2)(b) (first six-month period), s70 |
This is in addition to the right to make periodic applications to the hospital managers and the right of the nearest relative to 'order' discharge under s23.