View source for Conditional discharge resources

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This page contains links to resources for those setting up conditional discharges, and for those supporting the monitoring and supervision of conditionally discharged patients.

==See also==
* [[Section 37/41: hospital order with restrictions]]
* [[Sections 47, 48 and 49: transferred prisoners]]. Transferred prisoners who were granted [[technical lifer status]] get conditionally discharged rather than released on life licence.
* [[Ministry of Justice]].

==Residence conditions==
The MOJ's approach when patients lack residence conditions is set out in [[Colin Harnett, 'Changing discharge conditions - residence' (Dear Colleague letter from Head of Mental Health Casework Section, 17/12/15)]]. 

==Deprivation of liberty==
In [[SSJ v MM (2018) UKSC 60]] the Supreme Court decided that conditions can't authorise deprivation of liberty. 

Subsequently, [[HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)]] set out a policy intended to help patients remain in the community using either MCA 2005 authorisation or extended s17 leave.

==MAPPA==
The main MAPPA guidance is currently [[HMPPS, 'MAPPA Guidance' (August 2024)]].

The MOJ's MHCS published [[Mental Health Casework Section, 'Multi-Agency Public Protection Arrangements (MAPPA) and the Restricted Patient System' (February 2021)]]

See also: [[MAPPA]].

==Getting discharged==
The tribunal's discharge power is in [[MHA 1983 s73]].

The Secretary of State for Justice's discharge power is in [[MHA 1983 s42]]. The MOJ's MHCS guidance on this is [[Mental Health Casework Section, 'Guidance: Section 42 Discharge' (March 2022)]].

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