Conditional discharge

This type of discharge only applies to restricted patients, whose discharge can only be granted by the MHRT or, less commonly, the Home Office.

Discharge by MHRT

A conditional discharge must be granted where:

• The 's3' criteria for detention are no longer met (i.e. nature/degree/health/safety/others). See s72(1)(b).

• It is appropriate for the patient to remain liable to be recalled to hospital for further treatment. See s73(1)(b).

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.

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.

Discharge by Home Office

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.

The conditions

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).

Usual conditions include the following, depending on the nature of the case:

• Residence at a particular address, or "as directed by the RMO".

• Co-operation with a community RMO and a social supervisor.

• Abstinence from illegal drugs and excessive consumption of alcohol

• Urine drug screens

• Compliance with treatment

Deferral

The MHRT can order that the conditional discharge be deferred until the conditions can be met. See deferred conditional discharge for further details.

Recall

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.

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.

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).