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—

    1. 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;

    2. 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;

  • “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.