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) |
|
| s3, s37, s47 | s72(1)(b) |
|
| s37/41 | s73 |
|
| s47/49 | s74 |
|
| Already conditionally discharged |
s75 |
|
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal detaining sections
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Sections 47, 48 and 49: transferred prisoners
- Prison sentences
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Tribunal Rules
- Preliminary legal points
- Tribunal eligibility
- Commentary on some FTT matters
- Overriding objective (MHT)
- Applications (MHT)
- Parties (MHT)
- Victims (MHT)
- Representatives (MHT)
- Notice of proceedings, and listing (MHT)
- Medical examination (MHT)
- Remote hearings (MHT)
- Recording of hearings (MHT)
- Disposal without hearing (MHT)
- Hearing in a party’s absence (MHT)
- Decisions by a single judge (MHT)
- Reports (MHT)
- Evidence (MHT)
- Non-disclosure of documents and information (MHT)
- Directions (MHT)
- Adjournment and postponement (MHT)
- Withdrawal (MHT)
- Reinstatement (MHT)
- Decisions (MHT)
- Public hearing (MHT)
- Wasted costs (MHT)
- Appealing against a tribunal decision (MHT)
- Mandatory and discretionary references
- Nearest relative
- Patients who have a nearest relative
- Identification of nearest relative
- Nearest relative powers
- Changing the nearest relative
- Nearest relative - miscellaneous
- Legal Aid
- Contracts
- Main types of funding
- Legal Aid eligibility
- The scheme
- Other pages
- Legal Aid archive
- International law
- Changes made by MHA 2007
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
- Courts
- Forms
- General information pages
- Children and mental health law
- Civil restraint order
- Complaints procedure
- Consultations
- Electronic signatures
- Euthanasia and assisted suicide
- Ian Brady
- Independent investigations
- Jury service
- Leave of absence
- Mental disorder and driving
- Ministry of Justice
- Miscellaneous external links
- Murder
- Newsletters
- Nuisance or disturbance on hospital premises
- Power to specify hospital units
- Public tribunal hearings
- Repatriation
- Reports to Prevent Future Deaths
- Smoking
- Summary of routes to discharge
- Summary of types of detention
- Transfer
- Victims of crime
- Victims' rights to make representations and receive information
- Voting rights for detained patients
- Welfare benefits
- Glossary pages
- Glossary
- Key sources of information
- Other glossary pages
- Adult Social Care
- Advance decision
- Application of MHA 1983 to Armed Forces
- Barring order
- Brief glossary
- British National Formulary
- Care Programme Approach
- Compulsory treatment
- Displacement proceedings
- Enduring Power of Attorney
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- Guardianship
- High secure hospital
- Home Office Circulars
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- Lasting Power of Attorney
- Learning disability
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- Part 36
- Prison law
- Recall
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- Professionals
- Types of detention
- Types of discharge
- Types of patient
- Legislation overviews
- Mental capacity law
- Organisations
- Administrative Justice and Tribunals Council
- All Party Parliamentary Group on Legal Aid
- Care and Social Services Inspectorate Wales
- Care Services Improvement Partnership
- Civil Contracts Consultative Group
- Commission for Social Care Inspection
- Community Care (company)
- Court of Protection User Group
- Crown Prosecution Service
- Department of Health and Social Care
- Essex Mental Health Independent Inquiry
- European Union Agency for Fundamental Rights
- Family Law Week
- Fixated Threat Assessment Centre
- General Medical Council
- Gov.uk website
- Health Professions Council
- Healthcare Commission
- Healthcare Inspectorate Wales
- House of Lords Select Committee on the Mental Capacity Act 2005
- HUDOC
- International Classification of Diseases (ICD)
- International Journal of Mental Health and Capacity Law
- Joint Committee on the Draft Mental Health Bill
- Judiciary
- Law Commission
- Legal Ombudsman
- Legislation.gov.uk
- MAPPA
- Mental Health Act Commission
- Mental Health Lawyers Association
- National Confidential Inquiry into Suicide and Safety in Mental Health
- National Mental Health Development Unit
- National Policing Improvement Agency
- Office of Fair Trading
- Office of Public Sector Information
- Office of the Public Guardian
- Official Solicitor
- PPMHG
- Royal College of Psychiatrists
- Solicitors Regulation Authority
- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
- Care Quality Commission pages
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- Psychiatry
- Statistics
- The Law Society
- Things to sign up for
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