539Discharge of person subject to a secure treatment order

539 Discharge of person subject to a secure treatment order

(1) An authorised psychiatrist must discharge a person as a security patient who is subject to a secure treatment order if—

(a) the authorised psychiatrist determines that the criteria set out in section 535(1)(b) for making a secure treatment order in relation to the person no longer apply; or

(b) the Mental Health Tribunal makes an order under section 538(3) that the person be discharged as a security patient; or

(c) section 559(1) applies.

(2) A person who is discharged as a security patient under subsection (1)(a) or (b) ceases to be a security patient—

(a) on entering the legal custody of the Justice Secretary; or

(b) if an order has been made under section 74 of the Corrections Act 1986 that the person be released on parole and the time for release has occurred, on the release of the person.

(3) A secure treatment order is revoked on the person being discharged as a security patient under this section.

Part 10.3—Court secure treatment orders

See Part 5 of the Sentencing Act 1991 in relation to court secure treatment orders.