Ministry of Justice: Difference between revisions

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* Recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).
* Recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).


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Revision as of 09:44, 7 May 2006

The Home Secretary (through case workers at the Home Office Mental Health Unit) is concerned only with restricted patients.

The following actions require his consent:

  • Leave of absence under s17 (although escorted or unescorted ground leave can be granted without his consent).
  • Transfer to another hospital under s19.
  • Discharge from section under s23 (although the MHRT are empowered to discharge without his consent).

The Home Secretary has the following powers:

  • To remove the restrictions (s42(1)), leaving the patient as if he had been made an unrestricted patient on the date the restrictions ceased (s41(5)).
  • Recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).