Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT

From 1/10/07 the MHA 2007 amends s75 to state that patients subject to a hospital direction and limitation direction who have been conditionally discharged can then be absolutely discharged by the MHRT. (It would be more common for these patients to be sent to prison than conditionally discharged in the first place.)

Extract from Explanatory Notes

Section 41: Conditionally discharged patients subject to limitation directions

169. Section 41 makes an amendment to section 75(3) of the 1983 Act so that, on the application of a patient who has been conditionally discharged from hospital while subject to hospital and limitation directions, the MHRT may direct that the patient's limitation direction is to cease to have effect, in which case the patient's hospital direction will also cease to have effect, and the patient will be absolutely discharged. Hospital and limitation directions may be imposed by the Crown Court in accordance with section 45A of the 1983 Act where the court considers it appropriate to direct the prisoner's detention in hospital for medical treatment as well as passing a prison sentence. The amendment brings the position of patients subject to limitation directions into line with other restricted patients, in that section 75(3) will now apply to both.


Date in forceCommencement orderMHA 2007 sectionMHA 1983 sections affected
1/10/07 Mental Health Act 2007 (Commencement No. 3) Order 2007 41 s75


Mental Health Act 2007 Explanatory Notes - page 31


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