43 Criteria for release and matters to be considered by
The Tribunal must not make an order for the release of a forensic
patient unless it is satisfied, on the evidence available to it, that:
(a) the safety of the patient or any member of the public will not be
seriously endangered by the patient’s release, and
(b) other care of a less restrictive kind, that is consistent with
safe and effective care, is appropriate and reasonably available to the
patient or that the patient does not require care.
Note. See section 74 for matters that the Tribunal must consider in
deciding what orders to make under this Part. Section 75 sets out conditions
that may be imposed on release.