| Section/event | Application by patient | Application by NR | Authority
|
| s2 admission for assessment
| Application may only be made during the first 14 days' detention
| -
| s66(1)(a), (2)(a)
|
| s4 emergency admission for assessment
| At any time
| -
| s66(1)(a), (2)(a)
|
| s3 admission for treatment
| One application during first six-month period; once during subsequent six-month period; once during each annual period thereafter
| -
| s66(1)(b), (2)(b) (first six months). s66(1)(f),(2)(f) (renewals)
|
| s7 guardianship application
| As for s3
| -
| s66(1)(c),(2)(c) (first six months). s66(1)(f), (2)(f) (renewals)
|
| Transferred from guardianship to hospital under s19
| As for s3
| -
| s66(1)(e),(2)(e) (first six months). s66(1)(f), (2)(f) (subsequently)
|
| s25A supervised discharge
| As for s3
| Same as patient if NR was entitled to be informed (of discharge/renewal)
| s66(1)(ga), (2)(c) (first six months). s66(1)(gc), (2)(fa) (renewals)
|
| s37 guardianship order
| As for s3
| Each 12-month period
| s69(1)(b) (first 6 months and NR); s66(1)(f),(2)(f) (renewals);
|
| Treated as subject to hospital order: notional s37 after restrictions expire (s41(5)); on transfer to England & Wales under s82(2), s85(2) or Scottish 2005 Order
| As for s3
| (?) As for s37 (because patient's s37 right applies to any order/direction having the same effect as a hospital order)
| s69(2) (first six-month period), s69(1)(a). s55(4) (which extends the meaning of s69(1)).
|
| Under direction having same effect as hospital order: s45A hospital/limitation direction, s46 (repealed), s47 transfer direction (notional s37), s47/49 transfer/restriction direction, s48/49 transfer of unsentenced prisoner
| As for s3
| (?) As for s37 (because patient's s37 right applies to any order/direction having the same effect as a hospital order)
| s69(2)(b) (first six-month period), s70 (subsequently, for restricted patients). s66(1)(f), (2)(f) (subsequently, for s47). s55(4) (which extends the meaning of s69(1)).
|
| s37 hospital order
| No application during first six-month period; once during subsequent six-month period; once during each annual period thereafter
| As for patient (N.B. patient's right applies to any order/direction having the same effect as a hospital order)
| s66(1)(f), (2)(f) (patient). s69(1)(a) (NR). s55(4) (which extends the meaning of s69(1)).
|
| s37/41 restricted hospital order
| As for s37
| -
| s70
|
| s35 remand for report, s36 remand for treatment, s38 interim hospital order
| No right of application
| -
| N/A
|
| Conditionally discharged patient who has not been recalled
| No application during first year after discharge; once during second year; once in each subsequent 2-year period
| -
| s75(2)
|
| Conditionally discharged patient who has been recalled
| As for s37 but the dates run from the date of recall (no longer from the original date of admission). In addition, the Home Secretary refers the case to the MHRT within the first month following recall.
| -
| s75(1)
|
| Reclassification under s16
| Within 28 days of being informed
| Same as patient if NR was entitled to be informed
| s66(1)(d), (2)(d)
|
| AWOL patient reclassified under s21B
| Within 28 days of being informed
| -
| s66(1)(fb), (2)(d)
|
| s25A patient reclassified under s25F
| Within 28 days of being informed
| Same as patient if NR was entitled to be informed
| s66(1)(gb), (2)(d)
|
| Barring order under s25
| -
| Within 28 days of being informed
| s66(1)(g), (2)(d)
|
| NR displaced under s29
| -
| In each 12-month period following date of order
| s66(1)(h), (2)(g)
|
| Section renewed under s20
| Once during each renewal period. N.B. These occasions are also noted under the relevant sections above.
| -
| s66(1)(f),(2)(f)
|
| Section of AWOL patient renewed under s21B
| Once during each renewal period.
| -
| s66(1)(fa),(2)(f)
|
This is in addition, where relevant, to the right to make periodic applications to the hospital managers and the right of the nearest relative to 'order' discharge under s23. NR's require High Court permission to apply to the MHRT where the patient is a ward of court (s33(2)). The Responsible Medical Officer (in unrestricted cases) and Ministry of Justice (restricted cases) can discharge at any time.