Ministry of Justice

The Home Secretary (through case workers at the Home Office Mental Health Unit) is concerned only with restricted patients.

The following actions require his consent:

• Leave of absence under s17 (although escorted or unescorted ground leave can be granted without his consent).

• Transfer to another hospital under s19.

• Discharge from section under s23 (although the MHRT are empowered to discharge without his consent).

The Home Secretary has the following powers:

• To remove the restrictions (s42(1)), leaving the patient as if he had been made an unrestricted patient on the date the restrictions ceased (s41(5)).

• To grant either a conditional discharge or an absolute discharge (s42(2)).

• Recall a conditionally discharged patient to hospital so that he becomes a restricted patient once again (s42(3)).

(This page needs to be added to.)