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Section 75 Applications and references concerning conditionally discharged restricted patients.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above F1(“conditionally discharged”) and is subsequently recalled to hospital—

(a)

the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to F2the appropriate tribunal; and

(b)

section 70 above shall apply to the patient as if the relevant hospital order F3, hospital direction or transfer direction had been made on that day.

(2)

Where a restricted patient has been conditionally discharged F4, is not subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital he may apply to F5the appropriate tribunal—

(a)

in the period between the expiration of 12 months and the expiration of two years F6beginning—

(i)

in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and

(ii)

in any other case, with the date on which the patient was conditionally discharged; and

(b)

in any subsequent period of two years.

F7(2A)

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 patient may apply to the appropriate tribunal—

(a)

in the period between the expiration of six months and the expiration 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)

in any subsequent period of two years.

F8(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.

(3)

Sections 73 and 74 above shall not apply to an application under subsection (2) above F9, or any reference under subsection (2C) or (2E) but on any such application F10or reference the tribunal may—

(a)

vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

(b)

direct that the restriction order F11, limitation direction or restriction direction to which he is subject shall cease to have effect;

and if the tribunal F12gives a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order F13, hospital direction or transfer direction.

F14(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.

Annotations

Textual amendments

F1

Words in s. 75(1) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(a), 56(1)

F2

Words in s. 75(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(a)

F3

Words in s. 75(1)(b) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(13); S.I. 1997/2200, art. 2

F4

Words in s. 75(2) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(b)(i), 56(1)

F5

Words in s. 75(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(a)

F6

Words in s. 75(2)(a) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(b)(ii), 56(1)

F7

S. 75(2A) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 30(2)(c), 56(1)

F8

S. 75(2C)-(2I) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(a), 56(1) (with s. 32(5))

F9

Words in s. 75(3) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(b)(i), 56(1) (with s. 32(5))

F10

Words in s. 75(3) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(b)(ii), 56(1) (with s. 32(5))

F11

Words in s. 75(3)(b) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 41(a), 56 (with Sch. 10); S.I. 2007/2798, art. 2(e)

F12

Word in s. 75(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(b)

F13

Words in s. 75(3) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 41(b), 56 (with Sch. 10); S.I. 2007/2798, art. 2(e)

F14

S. 75(4) inserted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 32(3)(c), 56(1) (with s. 32(5))

Notes on the whole Act

Textual amendments

F1

For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)