PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Applications and references to Tribunal: general

Right to apply to Tribunal

225.—(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.

CircumstancesPeriod for making application
A public protection order is made or a hospital direction or hospital transfer direction is givenThe 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—

(a)

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

(b)

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

A person is—

(a)

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

(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).