Section 33 increases the frequency of automatic referral for Part 3 restricted patients who are detained in hospital and introduces automatic referrals for patients subject to conditional discharge who are not subject to Deprivation of Liberty (DoL) conditions.
	Subsection (2) amends section 71(2) of the 1983 Act to reduce the automatic referral period for Part 3 restricted patients from three years to 12 months. The effect is to require the Secretary of State to refer all Part 3 restricted patients detained in hospital to the Tribunal, where a period of 12 months has elapsed, and the Tribunal has not considered their case and there is no pending application or reference already before the Tribunal in respect of the patient.
	Subsection (3) inserts a new section 75 subsection (2B) and amends subsections (2D) to (2F) and (2H) (as inserted by section 31(3)) to apply those provisions to conditionally discharged patients not subject to DoL conditions. It also amends subsection (3) of section 75 (in addition to the amendments made by section 31(3)(b)), to refer to subsection (2B), to ensure that the Tribunal exercises the powers under section 75(3), where a patient’s case is referred under subsection (2B).
	The new section 75 subsection (2B) requires the Secretary of State to refer conditionally discharged patients who are not subject to DoL conditions to the Tribunal two years from the date that they were conditionally discharged (or ceased to be subject to DoLs conditions), thereafter such patients are required to be referred every four years. The new subsection (2B) clarifies that patients whose DoL conditions are removed will be referred two years from this date. The effect of this provision is to ensure that, whenever a patient changes status, the patient will receive the benefit of the shorter initial referral period that applies in relation to their new status.
	Subsection (4) is a transitional provision and encompasses all restricted patients as set out in section 79 of the 1983 Act. Its effect is to make this section of the 1983 Act apply to those patients who became a restricted patient before or after the coming into force of this section of the 1983 Act.
Periods for applications and references to the tribunal Section 33: References: restricted patients not subject to deprivation of liberty conditions