PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Applications and references to Tribunal: general

Meaning of “a qualifying person”226

(1)

This section defines “a qualifying person”, in relation to a public protection order, hospital direction or hospital transfer direction, for the purposes of this Chapter.

(2)

A qualifying person” means the person (“A”) who is liable to be detained under the order or direction or—

(a)

if A is 16 or over, any person who is A's nominated person;

(b)

if A is under 16, a person with parental responsibility for A.

(3)

If A is 16 or over and has capacity in relation to whether an application under this Chapter should be made, A's nominated person may make an application only with A's consent.