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Summary of types of discharge

The type of discharge available depends on the section under which the patient is detained. The following table summaries the Tribunal's powers in relation to the most common sections.

Section Criteria Types of discharge
s2 s72(1)(a)
  • (Full) discharge
  • Deferred discharge (to future date)
  • Statutory ecommendation re leave or transfer (can reconvene)
s3, s37, s47 s72(1)(b)
  • (Full) discharge
  • Deferred discharge (to future date)
  • Statutory recommendation re leave or transfer or CTO (can reconvene)
s37/41 s73
  • Absolute discharge
  • Conditional discharge
  • Deferred conditional discharge (until conditions can be met)
  • Extra-statutory (informal) recommendation (can't reconvene)
s47/49 s74
  • Notification that would be entitled to absolute or conditional discharge
  • Notification that (if entitled to C/D) should remain in hospital rather than prison
  • Extra-statutory (informal) recommendation (can't reconvene)
Already
conditionally
discharged
s75
  • Absolute discharge
  • Variation of conditions