Commentary on Sections Part 10 – Criminal Justice Chapter 8 – Rights of Review of Detention under Part 10 Section 232 - Powers of Tribunal as to public protection order with restrictions
This section makes provision for the powers that the Tribunal can exercise when an application or referral is made it in relation to a person who is subject to a public protection order with restrictions. The Tribunal may discharge the person absolutely or conditionally, or decide not to discharge the person from liability to be detained under the order.
The section provides that a person must be discharged absolutely if it is not satisfied that releasing the individual would create a substantial risk to others and it is satisfied that it is inappropriate for the person to be liable to be recalled to hospital.
The section provides that a person must be discharged conditionally if it is not satisfied that releasing the individual would create a substantial risk to others, but it is satisfied that it is appropriate for the person to be liable to be recalled to hospital.
Where the Tribunal makes an order discharging the person conditionally, the section provides that the order can take effect from a date in the future if the Tribunal considers that arrangements need to be made to give effect to the conditions.