From Mental Health Law Online
The type of discharge available depends on the section under which the patient is detained. The following table summaries the position in relation to the most common sections.
| Section |
Criteria |
Types of discharge
|
| s2
|
s72(1)(a)
|
- (Full) discharge
- Deferred discharge (to future date)
- Statutory ecommendation re leave or transfer (can reconvene)
|
| s3, s37, s47
|
s72(1)(b)
|
- (Full) discharge
- Deferred discharge (to future date)
- Statutory recommendation re leave or transfer or CTO (can reconvene)
|
| s37/41
|
s73
|
- Absolute discharge
- Conditional discharge
- Deferred conditional discharge (until conditions can be met)
- Extra-statutory (informal) recommendation (can't reconvene)
|
| s47/49
|
s74
|
- Notification that would be entitled to absolute or conditional discharge
- Notification that (if entitled to C/D) should remain in hospital rather than prison
- Extra-statutory (informal) recommendation (can't reconvene)
|
Already conditionally discharged
|
s75
|
- Absolute discharge
- Variation of conditions
|