When is the deadline for secretary of state's reference for a restricted patient not considered for three years?
The catalogue records a 36 months period from Three years elapsing without the case of a restricted patient detained in hospital having been considered by a tribunal, whether on the patient's own application or otherwise. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 36 months
- Trigger
- Three years elapsing without the case of a restricted patient detained in hospital having been considered by a tribunal, whether on the patient's own application or otherwise
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The duty itself is mandatory ('shall refer') with no power to extend in an individual case. However s.71(3) permits the Secretary of State by order to vary the length of the three year period generally, and s.71(3A) allows such an order to make different provision for different cases. No such variation was identified as in force.
- Distinguish from the separate discretionary power in s.71(1): 'The Secretary of State may at any time refer the case of a restricted patient to the appropriate tribunal.' That discretionary power has no time limit at all. This entry covers only the mandatory three year backstop.