544Discharge of person subject to a court secure treatment order

544 Discharge of person subject to a court secure treatment order

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

(a) the authorised psychiatrist determines that the criteria for making a court secure treatment order under section 94B(1)(c) of the Sentencing Act 1991 in relation to the person no longer apply; or

(b) the Mental Health Tribunal makes an order under section 543(3) that the person be discharged as a security patient; or

(c) section 559(1) applies and the person ceases to be security patient.

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

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

(b) if an order has been made under section 74(8A) of the Corrections Act 1986 for the person to be released on parole and the time for release has occurred, on the release of that person.

A person who is discharged as a security patient under subsection (1)(a) or (b) must serve the unexpired portion of the court secure treatment order in a prison or other place of confinement—see section 94C(5) of the Sentencing Act 1991.

Part 10.4—Leave of absence