PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Applications and references to Tribunal: general

230Duty to notify the Attorney General

1

This section applies if—

a

immediately after the end of a relevant period, a person is—

i

liable to be detained under a public protection order; or

ii

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

b

no application or reference to the Tribunal was made in the relevant period; and

c

the responsible medical practitioner is of the opinion that the person lacks (or probably lacks) capacity in relation to whether an application under section 225 (applications to Tribunal) should be made.

2

The responsible medical practitioner must as soon as practicable give the Attorney General—

a

notice of the matters mentioned in subsection (1)(a) to (c); and

b

any prescribed information.

3

The following are relevant periods for the purposes of this section—

a

the period of 6 months beginning with the date of the order or direction;

b

any period of 6 months immediately following another relevant period.