Mental Health (Forensic Provisions) Act 1990 No 10
Current version for 14 May 2013 to date (accessed 26 May 2013 at 09:40)

43   Criteria for release and matters to be considered by Tribunal

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.
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