DC v Nottinghamshire Healthcare NHS Trust [2012] UKUT 92 (AAC), [2012] MHLO 53

(1) The tribunal cannot grant a deferred conditional discharge until (a) it has found, on the balance of probabilities, that the patient should not be detained but should be subject to recall, and (b) it has drafted the conditions for the discharge. (2) A deferred conditional discharge is not a device for gathering information on whether a conditional discharge would be possible or what conditions might be appropriate. (3) On the facts (where the tribunal had decided that 'with the exception of the availability of suitable after-care for the Patient, none of the criteria for his detention in hospital for treatment are met' but had not drafted conditions) the decision to adjourn was correct.


Hearing: 19/3/12

Decision: 22/3/12

Published: 16/5/12

Before: Upper Tribunal Judge Jacobs

Mr Pezzani of counsel represented Mr C

Ms Charbit of counsel represented the detaining authority

'The Secretary of State for Justice, as usual, did not send a representative.'

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Transcript from OSSCSC website