England and Wales · Mental Health Tribunal
When is the deadline for conditionally discharged patient not subject to deprivation of liberty conditions - application?
Conditionally discharged restricted patient uses the initial 12-to-24-months window. Apply during the initial 12-to-24-month window. No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
- Period
- 12 through 24 months. Both boundaries are required.
- Trigger
- Most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions
- Rule
- Mental Health Act 1983 s.75(2)(a)-(b); s.77
Retained official current Act and tribunal rules acquired October 9,2026, with explicit operative-regime confirmation at the actual event. The2025 Act section30(2) changes apply from February 18,2026. Prospective changes are not substituted.
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When is the deadline for conditionally discharged patient not subject to deprivation of liberty conditions - application?
Conditionally discharged restricted patient uses the initial 12-to-24-months window. Apply during the initial 12-to-24-month window. No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Responsible actor. Conditionally discharged restricted patient.
Most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions
Apply during the initial 12-to-24-month window
Establish this exact ordinary England tribunal branch and every actual source condition. A statutory window boundary does not prove actual application receipt or a listed hearing.
Mental Health Act 1983 s.75(2)(a)-(b); s.77How does this provision count time?
- Show both the opening and closing boundary of this first statutory window. The event begins the underlying period.
- No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Show both the opening and closing boundary of this first statutory window. The event begins the underlying period.
No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Mental Health Act 1983 s.75(2)(a)-(b); s.77What do independently checked examples show?
Fictitious example
Fictional most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions on Tuesday, October 13, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions on Tuesday, October 13, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event. Python standard-library date arithmetic, corresponding-month construction and separately retained official England/Wales holidays. No Deadline Engine import or caller. | October 13, 2027 through October 12, 2028. Initial statutory application window. |
| Example 2. Closed-day boundary | Fictional most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions on Friday, December 18, 2026. Every listed branch condition is explicitly assumed. The retained operative regime remains unchanged for this fictional event. Python standard-library date arithmetic, corresponding-month construction and separately retained official England/Wales holidays. No Deadline Engine import or caller. | December 18, 2027 through December 17, 2028. Initial statutory application window. |
| Example 3. Material procedural branch | The actual event is stated, but this material condition fails. This is the initial window, not a later two-year cycle. The selected ordinary branch cannot be established when this source condition fails. | The selected ordinary branch cannot be established when this source condition fails. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source branch condition1
- The actual event and statutory patient or procedural status are established.
- Source branch condition2
- The operative current provision has not been displaced by a later commencement, applicable order or direction.
- Source branch condition3
- The patient is not currently subject to deprivation-of-liberty conditions and has not been recalled.
- Source branch condition4
- The earlier deprivation-of-liberty history is established, so the correct anchor is selected.
- Source branch condition5
- This is the initial window, not a later two-year cycle.
- Establish this exact ordinary England tribunal branch and every actual source condition. A statutory window boundary does not prove actual application receipt or a listed hearing.
- Restricted patient detained in hospital - application to the tribunal concerns restricted patient detained in hospital, actual relevant hospital order, hospital direction or transfer direction and patient applies after the initial six-month exclusion and before the first 12-month period expires. Secretary of State's reference within one month of recall to hospital concerns secretary of state, actual return to hospital following recall from conditional discharge and refer the case within one month of the return day. Conditionally discharged patient SUBJECT TO deprivation of liberty conditions - application concerns conditionally discharged restricted patient, most recent actual imposition of deprivation-of-liberty conditions and apply during the initial six-to-12-month window.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for conditionally discharged patient not subject to deprivation of liberty conditions - application?
Who acts for conditionally discharged patient not subject to deprivation of liberty conditions - application?
The relevant actor is conditionally discharged restricted patient. The source act is to apply during the initial 12-to-24-month window. This application right does not require the patient or appellant to exercise it.
Mental Health Act 1983 s.75(2)(a)-(b); s.77Which actual event starts the 24 months branch?
Use most recent cessation of deprivation-of-liberty conditions, or original conditional discharge if there were no such conditions. Establish that event from the actual admission, order, notification or retained tribunal document specified by s.75(2)(a)-(b); s.77.
Mental Health Act 1983 s.75(2)(a)-(b); s.77How is the conditionally discharged patient not subject to deprivation of liberty conditions - application period counted?
Show both the opening and closing boundary of this first statutory window. The event begins the underlying period. This is the branch under s.75(2)(a)-(b); s.77.
Mental Health Act 1983 s.75(2)(a)-(b); s.77What facts qualify this conditionally discharged restricted patient branch?
The patient is not currently subject to deprivation-of-liberty conditions and has not been recalled. The earlier deprivation-of-liberty history is established, so the correct anchor is selected. This is the initial window, not a later two-year cycle.
Mental Health Act 1983 s.75(2)(a)-(b); s.77Can a closed day change the conditionally discharged patient not subject to deprivation of liberty conditions - application boundary?
No automatic weekend or bank-holiday extension is inferred for the statutory window. The appropriate tribunal must actually receive the application within the permitted period.
Mental Health Act 1983 s.75(2)(a)-(b); s.77Does conditionally discharged patient not subject to deprivation of liberty conditions - application also determine the next procedural step?
No. Apply during the initial 12-to-24-month window is the selected act. An application, reference, hearing notice, decision and later appeal each have their own actual event and conditions.
Mental Health Act 1983 s.75(2)(a)-(b); s.77Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Mental Health Act 1983 s.75(2)(a)-(b); s.77 | Check the identified procedure, event, counting rule or qualification |
| Mental Health Act 1983 section77. Statutory time restrictions and appropriate tribunal | Check the identified procedure, event, counting rule or qualification |
| HESC Rules 2008 rule32(1). England application or reference must actually be received | Check the identified procedure, event, counting rule or qualification |
| Mental Health Act 2025 sections30(2),32 and56(1). Operative February 18,2026 DOL amendments | Check the identified procedure, event, counting rule or qualification |