PART 10CRIMINAL JUSTICE
CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10
Applications and references to Tribunal: general
229Duty of HSC trust to refer case to Tribunal
1
Where—
a
on a relevant date, a person is liable to be detained under a public protection order or is liable to be detained in a hospital under a hospital direction or hospital transfer direction,
b
the order or direction has been in force throughout the relevant period, and
c
the Tribunal has not considered the person’s case at any time in that period,
the relevant trust must as soon as practicable refer the person’s case to the Tribunal.
2
The “relevant period” is—
a
if the person is under 18, the period of one year ending with the relevant date;
b
otherwise, the period of two years ending with the relevant date.
3
For the purposes of subsection (1) a “relevant date” means—
a
in relation to a public protection order without restrictions, a date on which the period of the order is extended under section 182 or Schedule 6;
b
in relation to a public protection order with restrictions, hospital direction or hospital transfer direction, any anniversary of the date of the order or direction.
4
For the purpose of providing information for the purposes of a reference under this section, any medical practitioner authorised by or on behalf of the person may do anything within section 275 (visiting etc powers) in relation to the person.
5
In this section—
“the person’s case” means—
- a
in relation to a public protection order, the question whether the person should be discharged from being liable to be detained under the order;
- b
in relation to a hospital direction or hospital transfer direction, the question whether the person should cease to be liable to be detained in hospital under the direction;
- a
“the relevant trust” means the HSC trust in whose area the hospital or other establishment in which the person is liable to be detained is situated.
6
The Department may by regulations amend subsection (2) so as to alter any period mentioned there.