Hi
If a person is on a S2 and appeals, the section is upheld, subsequently they are put on a S3 which is then renewed, do they need an automatic tribunal or does the one on the S2 count for the S3 as well.
Thanks
If originally admitted to hospital under s2 0r S4, six Months from date of that admission, if they had not appealed otherwise, six months from the date of admission to hospital under s3 and after that every 3 years if no application is made by the patient
so, in short, there is still a duty to refer under section 68
Agree with Neal. Page 405 of the latest edition of Jones;
‘A s3 patient must be referred even though he has had a tribunal hearing while detained under s.2. In such cases, the applicable day is the day on which the patient was admitted under s.2’.
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If a pt a, is referred to the tribunal by Sec, of State while on S.2 and is on S.3 by the time the appeal is heard, should they still be referred again after 6 months?
Hi Jo -
S.68(1) sets out who references should be made for. S.68(2) sets out that a six-month reference should be made unless
S.68(3)
(a) any right has been exercised by or in respect of the patient by virtue of any of paragraphs (b), (ca), (cb), (e), (g) and (h) of section 66(1) above;
(this misses out paragraph (a) which is a Section 2 application in-line with Neal & Sophie’s responses)
(b) a reference has been made in respect of the patient under section 67(1) above, not being a reference made while the patient is or was liable to be detained in pursuance of an application for admission for assessment; or
(c) …
S.68(3)(b) sets out that a S.67 reference made whilst the Section 2 is in place would not count. Therefore, in your example the patient would still need a six-month reference, even if the hearing was heard when they were on Section 3. This referral also needs to be made at 6 months after the “applicable day” which is when they were placed on Section 2.
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