Where an application to the appropriate tribunal is made by a restricted patient1 who is subject to a limitation direction or restriction direction2, or the case of such a patient is referred to the appropriate tribunal3, the tribunal4 must notify the appropriate national authority5 whether, in its opinion, the patient would be entitled to be absolutely or conditionally discharged6; and, if the latter, it may recommend that he continue to be detained in hospital7 if not discharged8. If the patient is subject to a transfer direction9 under the powers relating to remand or civil prisoners10 and the tribunal notifies
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Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
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