Mental Capacity Act (Northern Ireland) 2016

Powers of Tribunal as to public protection order with restrictions

232.—(1) This section applies where an application or reference to the Tribunal is made under this Chapter (other than section 237) by or in respect of a person who is liable to be detained under a public protection order with restrictions.

(2) The Tribunal must do one of the following—

(a) discharge the person absolutely (that is, discharge the person from being liable to be detained under the order);

(b) discharge the person from the establishment concerned subject to conditions (see further section 235);

(c) decide not to discharge the person.

(3) The Tribunal may decide as mentioned in subsection (2)(c) only if it is satisfied that the prevention of serious harm condition is met (see section 233).

(4) If the Tribunal is not satisfied that that condition is met, it must—

(a) discharge the person absolutely, if it is satisfied that it would be inappropriate for the person to remain liable to be recalled;

(b) discharge the person subject to conditions, if it is not so satisfied.

(5) Where—

(a) the Tribunal makes an order under this section discharging a person subject to conditions, and

(b) the Tribunal is satisfied that arrangements need to be made in connection with the conditions before the discharge takes effect,

the order may provide that it takes effect from a future date (specified in the order) which in the opinion of the Tribunal will allow those arrangements to be made.

(6) In this section “the establishment concerned” means the establishment in which, immediately before the discharge, the person is liable to be detained under the public protection order.