(1)  A defendant subject to a restriction order, the Secretary of the responsible Department in relation to the Mental Health Act 2013 or the Chief Psychiatrist may apply to the Supreme Court for discharge of the restriction order if –

(a) the first such application is not less than 2 years after the order was made; and

(b) each subsequent application is made not less than 2 years after the preceding application.

(2)  The Supreme Court may, on an application under this section or section 37(3)(b) , discharge a restriction order.

(3)  For the purposes of a hearing by the Supreme Court for discharge of a restriction order –

(a) an application is to be in writing with a copy served on the Director of Public Prosecutions and, if the defendant is not the applicant, on the defendant; and

(b) the Director of Public Prosecutions or counsel representing the Director of Public Prosecutions must appear for the Crown at the hearing of the application; and

(c) the defendant may be present at the hearing of the application unless the Court makes an order to the contrary; and

(d) the applicant and the Director of Public Prosecutions may call evidence in support of, or in opposition to, the application; and

(e) if either party causes a report to be prepared relating to the application and intends to tender the report as evidence, that party must provide the other party with a copy of the report; and

(f) if either party puts any such report in evidence –

(i) the other party is entitled to cross-examine the person who made the report; and

(ii) the party that put the report in evidence may, after any such cross-examination, examine the person making the report by way of reply; and

(g) the Court may order the Chief Psychiatrist or any other person or body to prepare and submit to the Court a report in respect of such matters relating to the defendant as the Court may specify.

(4)  A copy of a report prepared under subsection (3)(g) is to be provided to the applicant, the defendant and the Director of Public Prosecutions.