Legislation – Mental Health Act 2025

(a)

provision subject to specified exceptions,

(b)

different provision for different cases or areas, and

(c)

transitional, consequential, incidental or supplemental provision.”;

“(4A)

Sections 73 and 74 do not apply to a reference under subsection (1) in respect of a patient who has been conditionally discharged and not recalled to hospital but on any such reference the tribunal may—

(a)

vary any condition to which the patient is subject in connection with the patient’s discharge or impose any condition which might have been imposed in connection with their discharge, or

(b)

direct that the restriction order, limitation direction or restriction direction to which the patient is subject ceases to have effect,

and if the tribunal gives a direction under paragraph (b) the patient ceases to be liable to be detained by virtue of the relevant hospital order, hospital direction or transfer direction.

(4B)

Conditions amounting to a deprivation of liberty may be imposed under subsection (4A)(a) only if the tribunal is satisfied—

(a)

that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and

(b)

that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital.”

“(2C)

Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of—

(a)

the period of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and

(b)

each subsequent period of two years.

(2D)

The Secretary of State is not required to make a reference under subsection (2C) if the patient’s case was considered by the appropriate tribunal during the period in question.

(2E)

The Secretary of State must refer to the appropriate tribunal the case of any restricted patient who has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital if—

(a)

the patient’s case has not been considered by the appropriate tribunal within the last four years, and

(b)

there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.

(2F)

The Secretary of State may by order vary the length of a period mentioned in subsection (2C) or (2E).

(2G)

An order under subsection (2F) may make—

(a)

provision subject to specified exceptions;

(b)

different provision for different cases or areas;

(c)

transitional, consequential, incidental or supplemental provision.

(2H)

Any reference under subsection (2C) or (2E) must be made to the tribunal for the area in which the patient resides.

(2I)

References in this section to the patient’s case being considered by the appropriate tribunal are to the patient’s case being considered by the appropriate tribunal on the patient’s own application or otherwise.”;

“(4)

Conditions amounting to a deprivation of liberty may be imposed under subsection (3)(a) only if the tribunal is satisfied—

(a)

that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and

(b)

that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital.”