Commentary on Sections Part 10 - Compulsion Orders and Restriction Orders Chapter 3: conditional discharge Section 204: appeal to Tribunal against recall from conditional discharge
365.Section 204 provides that the patient and the patient’s named person can appeal to the Tribunal against recall to hospital within 28 days of the recall from conditional discharge taking effect.
366.Subsection (3) provides that the Tribunal will treat an appeal under this section as an application for conditional discharge. Section 193 therefore applies and the Tribunal has the options that are available under that section.