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Criminal Justice Act 2003

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Changes over time for: Section 297

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Point in time view as at 03/02/2025.

Changes to legislation:

Criminal Justice Act 2003, Section 297 is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

297Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patientsN.I.
This section has no associated Explanatory Notes

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—

(5A)Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—

(a)the fact that the restriction direction remains in force does not prevent—

(i)the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or

(ii)the making of any application by him to the Sentence Review Commissioners, and

(b)if—

(i)the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or

(ii)the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,

the restriction direction shall cease to have effect at the time at which he would become so entitled..

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