Commentary on Sections Part 10 – Criminal Justice Chapter 8 – Rights of Review of Detention under Part 10 Section 229 - Duty of HSC trust to refer case to Tribunal
This section provides that the HSC trust in whose area the person is detained has a duty to refer the person’s case to the Tribunal. The duty arises, if on a relevant date, the person is subject to a public protection order or is liable to be detained in a hospital under a hospital direction or hospital transfer direction; the order or direction have been in force throughout the relevant period; and the Tribunal has not considered the person’s case at any time during that period. “Relevant period” is defined as meaning if the person is under 18, the period of one year ending with the relevant date or otherwise, the period of two years ending with the relevant date
“Relevant date” is defined as meaning, in relation to a public protection order without restrictions, a date on which the order is extended and in relation to a public protection order with restrictions, hospital direction or hospital transfer direction, the first day after the end of the period of 6 months beginning with the date of the order or direction or any anniversary of the date of the order or direction.
The section also provides that for the purpose of providing information for the reference, a medical practitioner who has been authorised by or on behalf of the person who is being detained may visit the detained person and examine him or her in private, as well as require the production of, and can examine and take copies of, any health record and any other record that relates to the person’s detention, care or treatment.