Whether it is lawful for a Tribunal to impose conditions on a conditional discharge when it knew they would not be put into practice and the patient would remain detained - R v Mental Health Review Tribunal ex p Russell Hall [1999] MHLR 63 CA
Points Arising: The fact that there will be delay in the implementation of conditions in a conditional discharge does not mean that they are unlawful; it would have been open to the Tribunal to be proactive in adjourning for reports as to the progress of an aftercare package.
Facts and Outcome: H was a restricted patient, having been found not guilty of manslaughter by reason of insanity in 1991; at the time, he lived in Torfaen. A conditional discharge was granted by a Tribunal in February 1997, the conditions including residence (which was to be away from the place of the index offence) and supervision in Gwent. A dispute as to who was responsible for the aftercare meant that the conditions had not been met by the time of the next Tribunal, which imposed a conditional discharge with more stringent conditions (indicating that he should reside further away from the location of the index offence, and setting requirements that the supervising psychiatrist and social worker have forensic expertise). Judicial review proceedings led to a finding that the aftercare authorities had failed in their obligations; the judge also found that the Tribunal had erred by imposing conditions that would not be implemented, but this was challenged on appeal. The Court of Appeal held that the conditions remained lawful despite delays in their implementation; the question was their reasonableness. It also suggested that the Tribunal could have been more proactive in adjourning to call for reports as to the progress in putting together an aftercare package.