Section 37/41 — MRCPsych Paper B MCQ

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HardForensic PsychiatrySection 37/41MRCPsych Paper B

A 42-year-old man is detained under sections 37 and 41 of the Mental Health Act 1983. His responsible clinician and multidisciplinary team have completed a community care package and submit a request for conditional discharge under section 42(2). No application or reference is currently before the First-tier Tribunal. Who may issue the warrant authorising his conditional discharge?

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Correct answer: C — The Secretary of State for Justice

The correct answer is C. Under section 42(2) of the Mental Health Act 1983, the Secretary of State for Justice may discharge a restricted patient by warrant, either absolutely or subject to conditions. In practice, Mental Health Casework Section exercises delegated authority on the Secretary of State’s behalf. The First-tier Tribunal is a plausible distractor because it can also direct conditional discharge, but it does so under section 73 when the patient has applied or the case has been referred to it; the stem expressly excludes that route. The responsible clinician may recommend and plan discharge but cannot authorise it. Hospital managers and the nearest relative have no power to discharge a section 37/41 restricted patient.

Reference: Ministry of Justice, Mental Health Casework Section. Conditionally Discharged Patients: Supervision and Reporting, section 2, paragraphs 6–8, October 2025. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1170264/Guidance-_Conditionally_Discharged_patients_-_supervision_and_reporting_Final.pdf