Conditional discharge resources

This page will contain links to resources which should be useful for those dealing with conditionally discharged patients.

See also

Residence conditions

The MOJ's approach when patients lack residence conditions is set out in Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15).

Deprivation of liberty

In SSJ v MM [2018] UKSC 60 the Supreme Court decided that conditions can't authorise deprivation of liberty.

Subsequently, HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019) set out a policy intended to help patients remain in the community using either MCA 2005 authorisation or extended s17 leave.

MAPPA

The main MAPPA guidance is currently HMPPS, 'MAPPA Guidance' (August 2024).

The MOJ's MHCS published Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021)

See also: MAPPA.

Getting discharged

The tribunal's discharge power is in MHA 1983 s73.

The Secretary of State for Justice's discharge power is in MHA 1983 s42. The MOJ's MHCS guidance on this is Mental Health Casework Section, 'Guidance: Section 42 Discharge' (March 2022).

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