Mental Health (Compulsory Assessment and Treatment) Act 1992

Restricted patients

54 Patients presenting special difficulties may be drawn to Director's attention
  • (1) If, on making any inpatient order under Part 2, a Judge considers—

    • (a) that the patient presents special difficulties because of the danger he or she poses to others; and

    • (b) that, for that reason, it may be appropriate that an order be made under section 55 declaring the patient to be a restricted patient,—

    the Judge may direct that the case be referred to the Director for consideration.

    (2) If the Director of Area Mental Health Services considers—

    • (a) that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and

    • (b) that, for that reason, it may be appropriate that an order be made under section 55 declaring the patient to be a restricted patient,—

    the Director of Area Mental Health Services may refer the case to the Director for consideration.

    (3) If the Director, whether from his or her own information and inquiries, or on reference of the case to him or her under subsection (1) or subsection (2), considers—

    • (a) that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and

    • (b) that, for that reason, it would be appropriate that an order be made under section 55 declaring the patient to be a restricted patient,—

    the Director may apply to the court for an order under section 55 declaring the patient to be a restricted patient.