MHA 1983 s70
Mental Health Act 2007
- This section is not changed by the Mental Health Act 2007.
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- R (MN) v MHRT  EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).
- R (P) v SSHD  EWHC 2953 (Admin) — The ECHR does not require joint MHRT/Parole Board hearings; the need for consecutive hearings does not breach Article 5(4).
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 22. Applications to the First-tier Tribunal — chapter 22, especially tables 22.5, 22.6 and 22.7
Applications to tribunals concerning restricted patients
70. A patient who is a restricted patient within the meaning of section 79 below and is detained in a hospital may apply to [the appropriate tribunal]—
- (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date of the relevant hospital order[, hospital direction] or transfer direction; and
- (b) in any subsequent period of 12 months.