Section 47 reference and renewal

Law and practice Mental Health Act
1

Someone posted a couple of questions about s.47 but they seem to have disappeared, but to answer:

  1. The Hospital Managers must refer after 3 years as per section 68 (see Schedule 1, Part 1, Para 10).
  2. First renewal must occur 6 months from the date of the order (see Schedule 1, Part 1, Para 6).
    As for ‘Notional 37’; it’s is a made up term, usually applied to when a s.47/49 reaches release date and the 49 falls away, whereupon the person is treated as though they were detained under s.37 from that date. When an unrestriced s.47 reaches release date, there is no effect because the person is already being treated as though they were subject to s.37.
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Thanks for replying. The original questions were deleted by the author but, to make sense of your answers, here they are:

Dear friends,
I have two separate questions please:

The first is can hospital managers refer a s47 for a tribunal hearing (s68 referral )? If so, at what point please ?

My second question is can a RC continue to renew a s47 after “ release date” has passed ? At what point would it become a s37 notional ?

Thank you so much

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Just out of interest, how common is a s47 without a s49 restriction?
I’ve never come across one, but haven’t worked in forensic.
Steve

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Hi Steve,
According to the 2021/22 figures there were 7 compared to 44 x 47/49.
Guy

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