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 |
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