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Section 41
Restriction Order
Forensic SectionsWhat this section does
A judge can add a restriction order to a Section 37 hospital order, meaning discharge, transfer or leave need the Home Secretary's approval.
Who it applies to
Offenders whose discharge must be controlled to protect the public, or where a longer-form safeguard is needed.
Your rights
Right to a tribunal yearly after first. Discharge only with Home Secretary consent. IMHA and information rights apply.
Time limits
Restriction can be without time limit or with a time limit set by the court. Tribunal yearly from first anniversary.
How to challenge it
Apply to the tribunal yearly. Discharge applications made through the hospital with Home Secretary involvement.
Key cases
R v Martin; cases on restrictive conditions and absolute discharge.
Last updated: 8/5/2026