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|