Restriction orders can no longer be time-limited: Difference between revisions
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Previously [[restriction order]]s made by the Crown Court under [[s41]] could be "either without limit of time or during such period as may be specified in the order". | {{mha change info|1/1/07|3|40|[[s41]], [[s42]], [[s44]], [[s81]], [[s81A]], [[s84]], [[s91]]}} | ||
Previously [[restriction order]]s made by the Crown Court under [[s41]] could be "either without limit of time or during such period as may be specified in the order". If the patient were in hospital at that date the restriction order would cease and he would be detained as if made subject to a hospital order on that date; if he had been conditionally discharged then on the date he would become absolutely discharged. | |||
From 1/1/07 s40 [[MHA 2007]] removes the ability to make time-limited restriction orders, which was rarely used anyway. No change is made to existing orders. | From 1/1/07 s40 [[MHA 2007]] removes the ability to make time-limited restriction orders, which was rarely used anyway. No change is made to existing orders. | ||
Revision as of 22:20, 9 October 2008
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 1/1/07 | Mental Health Act 2007 (Commencement No. 3) Order 2007 | 40 | s41, s42, s44, s81, s81A, s84, s91 |
Previously restriction orders made by the Crown Court under s41 could be "either without limit of time or during such period as may be specified in the order". If the patient were in hospital at that date the restriction order would cease and he would be detained as if made subject to a hospital order on that date; if he had been conditionally discharged then on the date he would become absolutely discharged.
From 1/1/07 s40 MHA 2007 removes the ability to make time-limited restriction orders, which was rarely used anyway. No change is made to existing orders.
S40 will amend s41(1) (making restriction orders) and s42(4)(b) (relating to recall), removing references to time-limited restriction orders. It will also amend s44(3) (committal to hospital), s84(2), s81(7), s81A(3) and s91(2) (which all relate to the removal and return of patients within UK) by removing all references to time-limited restriction orders, but these amendments will have no effect in respect of:
- "(a) a restriction order for a specified period made before subsection (1) comes into force, or
- (b) an order made outside England and Wales which is treated under the 1983 Act as if it were a restriction order for a specified period."