PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Powers of Tribunal as to public protection orders

231Powers of Tribunal as to public protection order without restrictions

1

This section applies where an application or reference to the Tribunal is made under this Chapter by or in respect of a person who is liable to be detained under a public protection order without restrictions.

2

The Tribunal must either—

a

discharge the person absolutely (that is, discharge the person from being liable to be detained under the order); or

b

decide not to discharge the person.

3

The Tribunal may decide as mentioned in subsection (2)(b) only if it is satisfied that the prevention of serious harm condition is met (see section 233).