PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Powers of Tribunal as to hospital directions and hospital transfer directions

239Section 238: additional powers of Tribunal

1

This section applies where under section 238 the Tribunal notifies the Department of Justice that it is satisfied that the prevention of serious harm condition is met in respect of a person.

2

The Tribunal may, with a view to facilitating a transfer of the person at a future date—

a

recommend the taking of specified actions in relation to the person; and

b

further consider the person's case in the event of any recommendation not being complied with.

3

Where the Tribunal further considers the person's case under subsection (2)(b), section 238 applies.

4

In subsection (2) the reference to a “transfer” of the person is to a transfer to any place in which the person might (but for the relevant direction) be detained.