Where an application to the appropriate tribunal1 is made by a restricted patient2 who is subject to a restriction order3, or where the case of such a patient is referred to the appropriate tribunal4, the tribunal must direct the patient's absolute discharge5 if: (1) it is not satisfied either: (a) that the patient is then suffering from mental disorder or from a mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment;
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