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PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Applications and references to Tribunal: general

Power of certain persons to refer case to Tribunal

228.—(1) A relevant person may at any time refer to the Tribunal the question whether a person who is liable to be detained under a public protection order should be discharged from being liable to be detained under the order.

(2) A relevant person may at any time refer to the Tribunal the question whether a person who is liable to be detained in hospital under—

(a)a hospital direction, or

(b)a hospital transfer direction,

should cease to be liable to be detained in hospital under the direction.

(3) 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 to whom the reference relates may do anything within section 275 (visiting etc powers) in relation to the person.

(4) In this section “relevant person” means—

(a)the Attorney General;

(b)the Department;

(c)the Master (Care and Protection), acting on the direction of the High Court.