Automatic references

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When patients do not exercise their right to apply to the MHRT, references can (and in some cases, must) be made on their behalf. The following is an as-yet-incomplete list of the occasions when references are made.

The hospital managers will make a reference to the MHRT in certain circumstances. The system has been changed by the Mental Health Act 2007. See Automatic reference scheme under s68 changed 3/11/08

The Secretary of State for Health can refer Part II patients at any time (s67(1))

The Secretary of State for Justice can refer Part III restricted patients at any time (s71(1)) and must do so where there has been no MHRT for three years (s71(2)).

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