View source for Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT

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From 1/10/07 the [[MHA 2007]] amends [[s75]] to state that patients subject to a [[hospital direction]] and [[limitation direction]] who have been conditionally discharged can then be absolutely discharged by the [[MHRT]]. (It would be more common for these patients to be sent to prison than conditionally discharged in the first place.)

==Extract from Explanatory Notes==
'''Section 41: Conditionally discharged patients subject to limitation directions'''

169. Section 41 makes an amendment to section 75(3) of the 1983 Act so that, on the
application of a patient who has been conditionally discharged from hospital while subject to 
hospital and limitation directions, the MHRT may direct that the patient's limitation direction 
is to cease to have effect, in which case the patient's hospital direction will also cease to have 
effect, and the patient will be absolutely discharged. Hospital and limitation directions may 
be imposed by the Crown Court in accordance with section 45A of the 1983 Act where the 
court considers it appropriate to direct the prisoner's detention in hospital for medical
treatment as well as passing a prison sentence. The amendment brings the position of patients 
subject to limitation directions into line with other restricted patients, in that section 75(3) 
will now apply to both. 

==Commencement==
{{mha change info|1/10/07|3|41|[[s75]]}}

==Resources==

[[Mental Health Act 2007 Explanatory Notes]] - page 31
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