Recall

A restricted patient who has been granted a conditional discharge (whether by the Ministry of Justice or, more commonly, by the Mental Health Review Tribunal) can by warrant be recalled by the Ministry of Justice under s42(3).

When recall is justified

Up-to-date medical evidence is required before recall, except in an emergency (K v UK).

R (MM) v SSHD [2006] EWHC 3056 (Admin) - "If, on the basis of medical evidence and other information which the Secretary of State has, he reasonably reaches the opinion that deterioration in the mental condition of the patient is likely to occur in the near future unless he is recalled to hospital, and that such deterioration would put the health and safety of the patient or others at risk, he is entitled to order recall."

Therefore, a patient cannot be recalled merely for breaching his "conditions", although breach of conditions could provide evidence of likely deterioration.

Immediate reference to the Tribunal

R (Rayner and Marsh) v SSHD [2007] EWHC 1028 (Admin) - In order for s75 (which requires the Home Office to refer a case to the MHRT within one month of recall) to be compatible with Article 5(4) (which contemplates the right of immediate application) the Secretary of State must refer the case of a recalled patient at once to the MHRT unless the circumstances of the applicant or his case positively require otherwise.

Tribunal eligibility dates

The Tribunal eligibility periods run from the date of recall, and no longer from the date of the original grounds for detention.