I’ve just heard of a case where a man who has been convicted of manslaughter by reason of diminished responsibility and sentenced to a Sec 37/41 hospital order with restrictions had a Tribunal hearing in April 2024, and July 2024 and is now seeking another Tribunal hearing in February 2025.
My understanding was that Restricted Patients could only apply to a Tribunal once a year. Is this correct or am I missing something?
My understanding is eligibility to apply is once annual but the eligibility period is determined by the section date and not the calendar. In turn if applied days before annual point of section start date then that application is in that annual period and further eligible to apply again within the next 12 months.
It’s possible; for instance the first hearing in April 2024 could have been as a result of the case being referred by the secretary of state, due to there being no Tribunal in the previous three years. The second could then have been an appeal within the one year period defined in section 70 and the third an appeal within the subsequent one year period.
Thanks, that makes sense. We’re trying ti get a better understanding from the agencies.