PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Applications and references to Tribunal: general

225Right to apply to Tribunal

1

Where the circumstances mentioned in the first column of the following table occur, a qualifying person (see section 226) may apply to the Tribunal within the period mentioned in the corresponding entry of the second column of the table.

Circumstances

Period for making application

A public protection order is made or a hospital direction or hospital transfer direction is given

The period of 6 months beginning with the date of the order or direction (“the initial period”)

The period of a public protection order without restrictions is extended (under section 181 or 182 or Schedule 6)

The period—

  1. a

    beginning with the date when the period of the order is extended; and

  2. b

    ending with the end of the period for which the order is extended

A person is—

  1. a

    liable to be detained under a public protection order with restrictions, or

  2. b

    liable to be detained in a hospital under a hospital direction or hospital transfer direction,

at the beginning of a relevant period

The relevant period

2

In this section a “relevant period”, in relation to an order or direction, means—

a

the period of 6 months immediately following the initial period; or

b

any period of 12 months which begins with an anniversary of the date of the order or direction.

3

This section is subject to sections 236 and 237 (applications to Tribunal following conditional discharge of person subject to public protection order with restrictions).