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S73 text: Difference between revisions

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'''Power to discharge restricted patients'''
'''Power to discharge restricted patients'''


73.—[(1) Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to such a tribunal, the tribunal shall direct the absolute discharge of the patient if -  
73.—[(1) Where an application to [the appropriate tribunal]<ref name="TTFO">[[Transfer of Tribunal Functions Order 2008]] wef 3/11/08</ref> is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to [the appropriate tribunal],<ref name="TTFO"/> the tribunal shall direct the absolute discharge of the patient if -  


:(a) the tribunal are not satisfied as to the matters mentioned in paragraph (b)(i)[, (ii) or (iia)]<ref name="MHA">[[Mental Health Act 2007]] s4; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> of section 72(1) above; and
:(a) the [the tribunal is]<ref name="TTFO"/> not satisfied as to the matters mentioned in paragraph (b)(i)[, (ii) or (iia)]<ref name="MHA">[[Mental Health Act 2007]] s4; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> of section 72(1) above; and


:(b) the tribunal are satisfied that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.
:(b) the [the tribunal is]<ref name="TTFO"/> satisfied that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.


(2) Where in the case of any such patient as is mentioned in subsection (1) above -  
(2) Where in the case of any such patient as is mentioned in subsection (1) above -  
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the tribunal shall direct the conditional discharge of the patient.]<ref>[[Mental Health Act 1983 (Remedial) Order 2001]]</ref>
the tribunal shall direct the conditional discharge of the patient.]<ref>[[Mental Health Act 1983 (Remedial) Order 2001]]</ref>
(2) Where in the case of any such patient as is mentioned in subsection (1) above the tribunal are satisfied as to the matters referred to in paragraph (a) of that subsection but not as to the matter referred to in paragraph (b) of that subsection the tribunal shall direct the conditional discharge of the patient.


(3) Where a patient is absolutely discharged under this section he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly.
(3) Where a patient is absolutely discharged under this section he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly.
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(6) Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this section the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order.
(6) Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this section the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order.


(7) A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to their satisfaction; and where by virtue of any such deferment no direction has been given on an application or reference before
(7) A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to [its satisfaction];<ref name="TTFO"/> and where by virtue of any such deferment no direction has been given on an application or reference before the time when the patient’s case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this section can be given.
the time when the patient’s case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this section can be given.


(8) This section is without prejudice to section 42 above.
(8) This section is without prejudice to section 42 above.

Revision as of 22:44, 18 April 2009

Power to discharge restricted patients

73.—[(1) Where an application to [the appropriate tribunal][1] is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to [the appropriate tribunal],[1] the tribunal shall direct the absolute discharge of the patient if -

(a) the [the tribunal is][1] not satisfied as to the matters mentioned in paragraph (b)(i)[, (ii) or (iia)][2] of section 72(1) above; and
(b) the [the tribunal is][1] satisfied that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.

(2) Where in the case of any such patient as is mentioned in subsection (1) above -

(a) paragraph (a) of that subsection applies; but
(b) paragraph (b) of that subsection does not apply,

the tribunal shall direct the conditional discharge of the patient.][3]

(3) Where a patient is absolutely discharged under this section he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly.

(4) Where a patient is conditionally discharged under this section—

(a) he may be recalled by the Secretary of State under subsection (3) of section 42 above as if he had been conditionally discharged under subsection (2) of that section; and
(b) the patient shall comply with such conditions (if any) as may be imposed at the time of discharge by the tribunal or at any subsequent time by the Secretary of State.

(5) The Secretary of State may from time to time vary any condition imposed (whether by the tribunal or by him) under subsection (4) above.

(6) Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this section the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order.

(7) A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to [its satisfaction];[1] and where by virtue of any such deferment no direction has been given on an application or reference before the time when the patient’s case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this section can be given.

(8) This section is without prejudice to section 42 above.

Amendments

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. ↑ Mental Health Act 2007 s4; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  3. ↑ Mental Health Act 1983 (Remedial) Order 2001
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