Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 8 N.I. RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Effect of conditional discharge from public protection order with restrictions N.I.

Applications to Tribunal where person has not been recalled N.I.

237—(1) This section applies where a person liable to be detained under a public protection order with restrictions has been conditionally discharged under section 191 or 232 (and has not been recalled under section 192).

(2) A qualifying person (see section 226) may apply to the Tribunal—

(a) within the period of 12 months beginning with the date on which the person was conditionally discharged; and

(b) within any period of 12 months which begins with an anniversary of that date.

(3) On an application under this section the Tribunal must do one of the following (and may do things mentioned in both paragraphs (a) and (b))—

(a) vary any condition to which the person is subject in connection with the discharge;

(b) impose any condition that might have been imposed in connection with the discharge;

(c) discharge the person from liability to be detained under the public protection order;

(d) decide to take no action.

(4) No application under section 225 may be made in respect of the order.