Commentary on Sections Part 10 – Criminal Justice Chapter 4 – Detention under a Public Protection Order With Restrictions Section 192 - Power to recall person who has been conditionally discharged
This section provides the Department of Justice with the power to recall a person who has been conditionally discharged under section 191 at any time where the public protection order with restrictions remains in force. In order to recall the person, it must appear to the Department of Justice that failure to recall the person would create a risk, linked to an impairment of or disturbance in the functioning of the person’s mind or brain, of serious physical or psychological harm to others, and that the likelihood and seriousness of the harm concerned are such that recalling the person is a proportionate response.