Mental Health Issues

Section 41 of the Mental Health Act 1983

What is a Restriction Order?

Where the Crown Court has made a Section 37 Hospital Order, it may also impose restrictions on your discharge. Before they make such an order they must be satisfied that it is necessary to do so to protect the public from serious harm.

It means that you cannot be discharged from hospital unless the Ministry of Justice or a Tribunal say you can leave, and your discharge may be subject to certain conditions that would be explained to you nearer the time.

While you are in hospital, your doctor must get the Ministry of Justice’s agreement before you can go on temporary leave or be sent to another hospital. They must also examine you and send a report about you to the Secretary of State at least once a year. The duration of the Restriction Order and associated Hospital Order is determined by the Court and is often indefinite.

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Richard Boucher