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provides that the case of a conditionally discharged patient who is recalled to hospital by order of the Home Secretary shall be referred to a Mental Health Review Tribunal within one month of the date of his recall. There is also a provision to ensure the regular review of the cases of all detained patients whereby any case which has not been reviewed by a Tribunal within the last three years shall be referred to a
Tribunal.
Thus, under the provisions of the Bill, Mental Health Review Tribunals, which are wholly independent of the executive, will be able to enquire into and determine all aspects of the question whether an applicant's detention as a person of unsound
mind continues to be lawful. Moreover, the Government has given an undertaking to Parliament to provide legal representation at public expense for patients coming before Mental Health Review Tribunals whose own financial resources are insufficient. In the Government's view, the proposals contained in the legislation now before Parliament will remedy the deficiency in domestic law found by the Court to exist in the case of 'X'.