In England, a man subject to a section 37 hospital order with a section 41 restriction order has been conditionally discharged for 3 years. He has

Question

In England, a man subject to a section 37 hospital order with a section 41 restriction order has been conditionally discharged for 3 years. He has not applied to the Tribunal during his current statutory application period. Reports describe sustained adherence, a stable mental state and a risk formulation suggesting that liability to recall may no longer be required. Which statement most accurately describes how his restricted status can end?

Accepted Answer

The Tribunal may direct absolute discharge on his application, and the Secretary of State may separately grant absolute discharge or lift the restrictions.

Answer

It cannot end because a section 41 restriction order is lifelong once imposed.

Answer

The responsible clinician may remove the restriction order after consulting the social supervisor.

Answer

The restriction order may be removed only after 10 years of conditional discharge without recall.

Answer

The restriction order expires automatically after 3 years of continuous conditional discharge.

Absolute Discharge from Section 41 — MRCPsych Paper B MCQ