R (Martins) v Cannons Park MHRT (1995) 26 BMLR 134

The eligibility of an un-recalled conditionally discharged patient to apply to the Tribunal under s75(2) is calculated, not from the date of a deferred conditional discharge decision, but from the date of actual release from detention in hospital under conditional discharge.


Under s75(2) a patient can apply to the Tribunal "(a) in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and (b) in any subsequent period of two years." The Tribunal had granted a deferred conditional discharge, then conditionally discharged the patient when the conditions could be met. The claimant unsuccessfully argued that he should be able to apply to the Tribunal 12 months after the earlier deferred conditional discharge decision.

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Independent case report, 26/6/10