England and Wales · Mental Health Tribunal
When is the deadline for secretary of state's reference for a restricted patient not considered for three years?
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
- Period
- 3 years
- Trigger
- Actual tribunal consideration history for a restricted patient detained in hospital
- Rule
- Mental Health Act 1983 s.71(2)-(3A)
Retained official current Act and tribunal rules acquired October 9,2026, with explicit operative-regime confirmation at the actual event. The2025 Act section30(2) changes apply from February 18,2026. Prospective changes are not substituted.
Source guide · No automated date
Check the applicable procedure
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
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When is the deadline for secretary of state's reference for a restricted patient not considered for three years?
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
Responsible actor. Secretary of State.
Actual tribunal consideration history for a restricted patient detained in hospital
Refer where the case has not been considered within the last three years
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
Mental Health Act 1983 s.71(2)-(3A)How does this provision count time?
- Actual tribunal consideration within the rolling three-year period matters. The initial hospital-order date does not establish this recurring duty.
- No inferred future scheduled referral date follows from a single historical date.
Actual tribunal consideration within the rolling three-year period matters. The initial hospital-order date does not establish this recurring duty.
No inferred future scheduled referral date follows from a single historical date.
Mental Health Act 1983 s.71(2)-(3A)Which facts prevent one automatic date?
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
Only one supplied historical date is available. Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released. No automatic reference date follows from these incomplete actual facts.
Actual age, consideration history or pending proceedings cannot be established. Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released. No automatic reference date follows from these incomplete actual facts.
Current qualifying detention or deprivation-of-liberty status is not established. Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released. No automatic reference date follows from these incomplete actual facts.
Which conditions and exceptions apply?
- Source branch condition1
- The actual event and statutory patient or procedural status are established.
- Source branch condition2
- The operative current provision has not been displaced by a later commencement, applicable order or direction.
- Source branch condition3
- The patient remains a restricted patient detained in hospital.
- Source branch condition4
- Actual recent consideration and any order varying the three-year period must be established.
- Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
- Restricted patient detained in hospital - application to the tribunal concerns restricted patient detained in hospital, actual relevant hospital order, hospital direction or transfer direction and patient applies after the initial six-month exclusion and before the first 12-month period expires. Secretary of State's reference within one month of recall to hospital concerns secretary of state, actual return to hospital following recall from conditional discharge and refer the case within one month of the return day. Conditionally discharged patient NOT subject to deprivation of liberty conditions - application concerns conditionally discharged restricted patient, most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions and apply during the initial 12-to-24-month window.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for secretary of state's reference for a restricted patient not considered for three years?
Who acts for secretary of state's reference for a restricted patient not considered for three years?
The relevant actor is secretary of state. The source act is to refer where the case has not been considered within the last three years.
Mental Health Act 1983 s.71(2)-(3A)Which actual event starts the 3 years branch?
Use actual tribunal consideration history for a restricted patient detained in hospital. Establish that event from the actual admission, order, notification or retained tribunal document specified by s.71(2)-(3A).
Mental Health Act 1983 s.71(2)-(3A)How is the secretary of state's reference for a restricted patient not considered for three years period counted?
Actual tribunal consideration within the rolling three-year period matters. The initial hospital-order date does not establish this recurring duty. This is the branch under s.71(2)-(3A).
Mental Health Act 1983 s.71(2)-(3A)What facts qualify this secretary of state branch?
The patient remains a restricted patient detained in hospital. Actual recent consideration and any order varying the three-year period must be established.
Mental Health Act 1983 s.71(2)-(3A)Can a closed day change the secretary of state's reference for a restricted patient not considered for three years boundary?
No inferred future scheduled referral date follows from a single historical date.
Mental Health Act 1983 s.71(2)-(3A)Does secretary of state's reference for a restricted patient not considered for three years also determine the next procedural step?
Section 71(2) requires a reference where the actual case has not been considered within the last three years. The present status, full consideration history and any subsection (3) variation control the duty. An automatic anniversary is not released.
Mental Health Act 1983 s.71(2)-(3A)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Mental Health Act 1983 s.71(2)-(3A) | Check the identified procedure, event, counting rule or qualification |
| Mental Health Act 1983 section77. Statutory time restrictions and appropriate tribunal | Check the identified procedure, event, counting rule or qualification |
| HESC Rules 2008 rule32(1). England application or reference must actually be received | Check the identified procedure, event, counting rule or qualification |