Search Legislation

Mental Capacity Act (Northern Ireland) 2016

Section 191 - Discharge from detention by Department of Justice

This section provides the Department of Justice with the power, at any time where a public protection order with restrictions is in force in relation to a person, to discharge the person by warrant, either absolutely or subject to conditions.  The power to discharge absolutely can also be exercised in respect of a person who has been conditionally discharged by the Department of Justice under this section or by the Review Tribunal under section 232.

If a public protection order with restrictions provides that such restrictions are for a specified period of time and that period of time ends when a person has been conditionally discharged and not recalled, this section provides that at the end of the restricted period, the person is to be treated as absolutely discharged and no longer liable to be detained under the public protection order.

Discharge of a person under this section does not prevent him/her being detained under Part 2 of the Act or Part 2 of the Mental Health Order if he or she is under 16, if the relevant criteria for detention are met.

Back to top


Print Options


Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources