Section 29 shortens the period that a patient admitted to hospital may be kept in detention for treatment. This change will mean that a patient’s initial detention period will expire sooner and if the patient’s detention is to continue it must be reviewed and renewed more frequently. This section is informed by the principle of least restriction and therapeutic benefit.
	Subsection (2) inserts a new subsection (2A) into section 19 of the 1983 Act. The effect of this provision is to treat guardianship patients who are transferred to hospital, for the purpose of section 20, as having been admitted for treatment on the date that they are transferred.
	Subsection (3) substitutes section 20 subsection (1) and (2) of the 1983 Act and also inserts a new section 20(2A). Amended section 20 subsection (1)(a) provides that a patient may not be kept in detention for treatment for longer than three months without the authority for the patient’s detention being renewed. Amended section 20 subsection (1)(b) retains the six-month initial detention period for guardianship patients.
	The new section 20 subsection (2) of the 1983 Act will provide for shorter detention periods where the authority for detention from the expiration of the period referred to in section 20(1)(a) is renewed. Relevantly, the new section 20 subsection (2)(a) provides that the authority for a patient who is detained in hospital for treatment, can be renewed for a further three months. This amendment shortens the subsequent detention period from six months to three months. Section 20 subsection (2)(b) provides that the authority for detention from the expiration of the period referred to in section 20 (2)(a) may only be renewed for a further six months. This shortens the subsequent detention period from one year to six months. Thereafter, section 20 subsection (2)(c) allows for the authority to detain a patient for treatment to be renewed for successive periods of one year.
	The new subsection (2A) retains the existing periods of renewal for guardianship. Unlike detention for treatment and community treatment orders (CTOs), concerns have not been raised around the renewal periods for guardianship. The authority to detain a patient under guardianship can be renewed after the initial six months of detention for a further period of six months, and thereafter for successive periods of one year.
	Section 29 subsection (4) amends section 21B of the 1983 Act to insert references to the new section 20 subsection (2A) at sections 21B subsection (5) and (6)(b) so that the section cross refers where appropriate to the new amended detention period provisions.
	Section 29 subsection (5) amends Part 1 of Schedule 1 of the 1983 Act, which applies the provisions of Part 2 of the 1983 Act, with modifications to unrestricted Part 3 patients. The effect of these amendments is to apply the shortened detention periods under section 20 subsection (1) and (2) to unrestricted Part 3 patients who have been transferred from guardianship to hospital (new paragraph 5B of Schedule 1 Part 1) or whose CTO is revoked, and the revocation occurs more than six months after the original hospital order was made (new paragraph 5D of Schedule 1 Part 1). For all other unrestricted Part 3 patients (including those whose CTO is revoked, and the revocation occurs less than six months after the original hospital order was made, via new paragraph 5C to Schedule 1 Part 1) the periods under section 20 subsection (1) and (2) are modified, so that the initial detention period for these cohort of patients remains six months (new paragraph 6 of Schedule 1 Part 1). This is because hospital orders are made by the sentencing court and as such the initial detention for these patients will have been subject to a robust judicial-led process. Where such patient’s detention is to continue, the authority for detention can be renewed for a further six months and thereafter yearly. Paragraph 5(c)(ii) and 6 have the effect of ensuring that renewal periods for transferred guardianship patients run from date of transfer.
	Section 29 subsection (6) amends Part 2 of Schedule 1, paragraph 5, which applies certain provisions of Part 2 of the 1983 Act with modifications to restricted Part 3 patients.
Detention periods Section 29: Detention periods