Discharge and the Responsible Medical Officer

The RMO can discharge patients detained under the civil admission procedures of the MHA at any time. However, as discussed above, under the Convention a person’s continued detention on the ground of mental disorder is only justified if the mental disorder persists.

There is no duty on the RMO to discharge a patient as soon as the criteria for detention no longer apply. However, the Code of Practice states that patients should be discharged from compulsion as soon as it is clear that the application of the powers under the MHA is no longer justified.

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