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| This type of discharge only applies to [[restricted patients]], whose discharge can only be granted by the [[MHRT]] or, less commonly, the [[Home Office]].
| | #redirect[[Section 37/41: hospital order with restrictions]] |
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| == Discharge by MHRT ==
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| A conditional discharge must be granted where:
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| * The 's3' criteria for detention are no longer met (i.e. nature/degree/health/safety/others). See [[s72]](1)(b).
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| * It is appropriate for the patient to remain liable to be recalled to hospital for further treatment. See [[s73]](1)(b).
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| As the onus is on the detaining authority to satisfy the Tribunal of the former consideration, the actual wording of the Act is slighly more convoluted. See [[R (H) v MHRT North & East London Region (2001) EWCA Civ 415]] and the subsequent [[MHA 1983 (Remedial Order) 2001]].
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| If liability to be recalled is ''not'' appropriate, an [[absolute discharge]] must be granted instead. There is no general discretion in relation to discharge in restricted cases.
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| == Discharge by Home Office ==
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| The Home Secretary can discharge under [[s42]](2) either absolutely or conditionally. No criteria are set out - the Act says "if he thinks fit" - though obiously similar considerations would apply. A Home Office discharge would follow a recommendation from the patient's [[RMO]], but such discharges are rare.
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| == The conditions ==
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| Invariably, conditions are imposed on the patient at the time of discharge (Under s73(4)(b) by the MHRT or under s42(2) by the Home Office).
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| Usual conditions include the following, depending on the nature of the case:
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| * Residence at a particular address, or "as directed by the RMO".
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| * Co-operation with a community RMO and a social supervisor.
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| * Abstinence from illegal drugs and excessive consumption of alcohol
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| * Urine drug screens
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| * Compliance with treatment
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| == Recall ==
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| In theory a conditionally discharged patient cannot be recalled simply for breaching a condition (contrast the position of a prisoner out on licence) as, unless in an emergency, there should be up-to-date medical evidence of mental disorder to justify recall.
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| In practice the RMO would write a letter to the Home Office stating that the patient has breached his conditions and that there are concerns about his mental health, and the Home Office would recall.
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| As a statutory safeguard for the patient, within a month of recall the case must be referred to the MHRT, and the hearing must be heard 5-8 weeks from the reference (check this).
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