Applications and references concerning conditionally discharged restricted patients
75.—(1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital—
- (a) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to [the appropriate tribunal]; and
- (b) section 70 above shall apply to the patient as if the relevant hospital order[, hospital direction] or transfer direction had been made on that day.
(2) Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to [the appropriate 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.
(3) Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may—
- (a) vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or
- (b) direct that the restriction order[, limitation direction] or restriction direction to which he is subject shall cease to have effect;
and if the tribunal [gives] a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order[, hospital direction] or transfer direction.