— The tribunal loses jurisdiction in relation to an application made by a conditionally discharged patient when he is recalled. Effective judicial oversight is provided by the recall reference. This reference must be made "within days... normally within a few days" of recall and the duty can be enforced by judicial review (Rayner). What if the patient is discharged again before the reference is made? The Court of Appeal says it is striking that the duty to refer following recall is "mandatory and unqualified", so presumably the reference should still be made. What if the patient is conditionally discharged before the reference hearing? An application survives conditional discharge (DD) and the Court of Appeal seems to apply this to references.
Full details available at: https://www.mentalhealthlaw.co.uk/Cameron_v_SSJ_(2025)_EWCA_Civ_1574?id=051225-2256