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[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
References by Secretary of State concerning restricted patients
71.—(1) The Secretary of State may at any time refer the case of a restricted patient to [the appropriate tribunal].
(2) The Secretary of State shall refer to [the appropriate tribunal] the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years.
(3) The Secretary of State may by order vary the length of the period mentioned in subsection (2) above.
[(3A) An order under subsection (3) above may include such transitional, consequential, incidental or supplemental provision as the Secretary of State thinks fit.]
(4) Any reference under subsection (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides.