Subsection 4(g) amends section 68 subsection (6) of the 1983 Act to reduce the automatic referral period from three years to 12 months. The effect is to require hospital managers to refer all Part 2 patients and unrestricted Part 3 patients, to whom section 68 applies, to the Tribunal sooner, where a period of 12 months has elapsed, and the Tribunal has not considered the patient’s case. Subsection 4(g) further clarifies that this automatic referral will not be triggered where there is a pending application or reference before the Tribunal in respect of the patient. This referral also safeguards patients where there is a change in status during their detention period, for example where a patient is moved from section 3 on to a CTO. This ensures that no Part 2 patient or unrestricted Part 3 patient can be detained in hospital, or made subject to a CTO for a period longer than 12 months, without having the benefit of a review by the Tribunal.
Periods for applications and references to the tribunal Section 31: References to tribunal Part 2 patients and unrestricted Part 3 patients