Part V Mental Health Review Tribunals

Discharge of patients

75 Applications and references concerning conditionally discharged restricted patients.

1

Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital—

a

the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to F1the appropriate tribunal; and

b

section 70 above shall apply to the patient as if the relevant hospital order F2, hospital direction or transfer direction had been made on that day.

2

Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to F3the appropriate tribunal

a

in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and

b

in any subsequent period of two years.

3

Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may—

a

vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

b

direct that the restriction order F4, limitation direction or restriction direction to which he is subject shall cease to have effect;

and if the tribunal F5gives a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order F6, hospital direction or transfer direction.