Continuing the discussion from Consequences of leaving the UK until expiry of CTO:
The question in the topic above reminded me about something that cropped up in conversation a few weeks ago. Can a condition not to go enter, say, County Cavan be part of a conditional discharge?
Apparently the Ministry of Justice position is No, because they have no jurisdiction there. That makes sense in a way, as the person couldn’t just be recalled while there and whisked back to England.
But if it were related to risk presumably the patient might be recalled on his return. Also, the conditions part of the conditional discharge regime is smoke and mirrors – a treatment condition is treated as being voluntary (R (SH) v MHRT [2007] EWHC 884 (Admin)) and the same approach could be taken with an exclusion zone.