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Conditional Discharge Recall — MRCPsych Paper B MCQ

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HardForensic PsychiatryConditional Discharge RecallMRCPsych Paper B

A man subject to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 has been conditionally discharged. He initially misses a required probation appointment, without evidence of relapse or increased risk. He subsequently develops a recurrence of psychosis with escalating risk to others linked to his mental disorder, and current medical evidence indicates that detention in hospital is warranted. Which statutory provision authorises the Secretary of State for Justice to recall him to hospital by warrant?

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Correct answer: E — Section 42(3) — recall of a conditionally discharged restricted patient

The correct answer is E, section 42(3). A section 41 restriction order accompanies the hospital order and allows the Secretary of State for Justice to recall a conditionally discharged restricted patient to a specified hospital by warrant. Missing an appointment does not by itself justify recall: official Mental Health Casework Section guidance requires the concern to involve mental disorder and associated risk sufficient to warrant detention, with current medical evidence ordinarily obtained except in an emergency. Section 17E applies only to recall from a community treatment order. Section 3 would require a new civil admission process rather than using the restricted-patient recall power. Section 136 concerns police removal from a public place, while section 5(2) is a short-term holding power for someone already admitted to hospital.

Reference: Ministry of Justice, The recall of conditionally discharged restricted patients, sections on legislation and case law, 2009: https://assets.publishing.service.gov.uk/media/5a7502a2ed915d3c7d529b1b/recall-of-conditionally-discharged-restricted-patients.pdf