ABSTRACT
NR must give 72 hours notice of intention to discharge. This is blocked if the RC provides a report to the hospital managers certifying that if discharged the patient ‘would be likely to act in a manner dangerous to other persons or himself’ (s25) An application to the tribunal or the hospital managers may be made by the patient or the NR
Section 37 As section 3 except: – the NR has no power to discharge – the patient or the NR may apply to the tribunal, but not during the first period (6 months) of detention
Restricted patients
The power to discharge, either conditionally or absolutely, lies with the Secretary of State for Justice (SoSJ) or the tribunal The SoSJ may also revoke a s41, leaving the patient detained under an unrestricted s37. For transferred prisoners, discharge from detention under the MHA generally leads to remission to prison (see Box 5.2 in relation to rehabilitation of indeterminate prisoners)
• hospital managers: – the managers’ panel must consist of at least three individuals appointed by the board, none of
whom are employees or executives of the trust • First Tier Tribunal (see below)
– the most common route for restricted patients • Secretary of State for Justice (SoSJ).
