74 Restricted patients subject to restriction directions
Mental Health Act 1983 (1983 c 20) | Legislation

74  Restricted patients subject to restriction directions

(1)     Where an application to [the appropriate tribunal] is made by a restricted patient who is subject to [a limitation direction or] restriction direction, or where the case of such a patient is referred to [the appropriate tribunal] the tribunal—

(a)     shall notify the Secretary of State whether, in [its] opinion, the patient would, if subject to a restriction order, be entitled to be absolutely or conditionally discharged under section 73 above; and

(b)     if [the tribunal notifies] him that the patient would be entitled to be conditionally discharged, may recommend that in the event of his not being discharged under this section he should continue to be detained in hospital.

(2)     If in the case of a patient not falling within subsection (4) below—

(a)     the tribunal [notifies] the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged; and

(b)     within the period of 90 days beginning

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