Summary of routes to discharge

The following five bodies can discharge a patient, depending on which section the patient is detained under. Some of the most common sections are included in the table below. In addition, there are some court-imposed sections from which only the court can discharge.

Unrestricted (s2, s3, s37, s47) Restricted (s37/41, s47/49, s45A)
Tribunal Absolute discharge, or deferred to future date Absolute discharge, conditional discharge, or deferred conditional discharge
HMH Discharge MoJ permission required (unheard of?)
RC Discharge MoJ permission required (does happen)
NR s2 and 3: can discharge patient unless RC certifies patient likely to act dangerously to self or others. s37, s47: can only apply to Tribunal Irrelevant - restricted patients do not have nearest relatives
MoJ Irrelevant Absolute or conditional discharge


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