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Section 47/49 Discharge — MRCPsych Paper B MCQ

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HardForensic PsychiatrySection 47/49 DischargeMRCPsych Paper B

A 45-year-old man with schizophrenia is serving an indeterminate prison sentence and is detained in hospital under sections 47 and 49 of the Mental Health Act 1983. His tariff has expired. The First-tier Tribunal (Mental Health) has determined that it would conditionally discharge him were he detained under sections 37/41. In the subsequent post-tariff process, which body decides whether the statutory test for release is met and may direct his release into the community?

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Correct answer: B — The Parole Board

The correct answer is B, the Parole Board. A prisoner transferred under sections 47/49 remains subject to the prison sentence and the section 49 restriction direction. For a post-tariff indeterminate-sentence prisoner, the First-tier Tribunal cannot direct discharge: it can make a section 74 determination that it would have discharged the patient had they instead been detained under sections 37/41. That determination enables referral to the Parole Board, which decides whether the statutory release test is met and may direct release. The responsible clinician and hospital managers cannot discharge a patient subject to the section 49 restriction direction. The prison governor has no authority to determine release. The distinction between a Tribunal recommendation about MHA detention and a Parole Board release decision is the key issue.

Reference: HMPPS. Generic Parole Process Policy Framework, section 3.12: Prisoners detained under the Mental Health Act 1983. Re-issued 8 January 2026. https://assets.publishing.service.gov.uk/media/695e41ae11989e7ef0671925/generic-parole-process-pf.pdf