PART 10

CRIMINAL JUSTICE
CHAPTER 8

RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Powers of Tribunal as to public protection orders

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.