560Security conditions

560 Security conditions

(1) A security patient is subject to those security conditions that the authorised psychiatrist is satisfied are necessary to protect the health and safety of the patient or the safety of any other person.

(2) The security conditions apply while the security patient is—

(a) detained in a designated mental health service; or

(b) absent from a designated mental health service on leave or monitored leave; or

(c) transported to and from any places that may be necessary for the administration of this Act.

561 Notification and directions following discharge of security patient subject to court secure treatment order or secure treatment order

(1) An authorised psychiatrist must ensure the Justice Secretary is notified that the authorised psychiatrist intends to discharge a person as a security patient—

(a) in the case of a person who is subject to a secure treatment order, under section 539(1); or

(b) in the case of a person who is subject to a court secure treatment order, under section 544(1).

(2) An authorised psychiatrist must ensure the Mental Health Tribunal is notified notify as soon as practicable after discharging a person as a security patient unless the Tribunal ordered that the person be discharged as a security patient.

(3) An authorised psychiatrist who has discharged a person as a security patient must—

(a) ensure reasonable steps are taken to notify the person that the person has been discharged as a security patient and ensure the purpose and effect of the discharge is explained to the person; and

(b) ensure that reasonable steps are taken to notify the following persons in relation to the person who is discharged that the person has been discharged—

(iii) a carer, if the authorised psychiatrist is satisfied that the discharge will directly affect the carer and the care relationship;

(iv) a parent, if the person is under the age of 16 years;

(v) the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order; and

(c) ensure reasonable steps are taken to notify the primary non-legal mental health advocacy service.

(4) As soon as practicable after the Justice Secretary is notified under subsection (1), the Justice Secretary must make the necessary arrangements to transport the person to a prison or other place of confinement if the person is discharged under section 539(1)(a) or (b) or 544(1)(a) or (b).