# When does the “3 years” start for the purposes of s.68(6) MHA? **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** referral\ **Created:** [27 March 2023 11:04 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572 "2023-03-27T11:04:18Z")\ **Posts on this page:** 1\ **Showing post:** 10
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [22 August 2023 10:44 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572/10 "2023-08-22T10:44:12Z")
What happened with your patient in the end? When writing the question in [Six-month reference and notional s37 patients](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-and-notional-s37-patients/1803) today I nearly added the following paragraph, but then I remembered this topic and realised it belongs better here. It seems to be almost the same legal question as yours but applied to a different factual scenario. If a patient was originally transferred under s47/49 and that changed to notional s37, when would the three-year period commence? Jones (25th edn, 1-933) says it’s the date of the notional s37. That makes some sense as s68 doesn’t apply at all while the patient is restricted (sched 1 Part 2). But I wonder whether the wording of s68(6) would mean that “since his case was last considered by such a tribunal” really goes back to the s47/49 date. What do you think? --- _[View the full topic](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572)._