Commentary Part 1 – Amendments to Mental Health Act 1983 Chapter 7 - Restricted Patients Section 40: Restriction orders
168.Section 40 amends section 41 of the 1983 Act to remove the power of the Crown Court to make restriction orders under section 41 for a limited period. As a result, restriction orders imposed by the Court will remain in force until they are discharged by the Secretary of State for Justice or the MHRT. The section also makes consequential changes to other provisions of the 1983 Act.