Hospital directions under s45A apply to any mental disorder

This change is as a consequence of the abolition by the MHA 2007, from 3/11/08, of the four different classifications of mental disorder. Previously the hospital direction under s45A was only available for patients suffering from psychopathic disorder. The hospital direction has been rare but is likely to become more commonly used.

Related changes

Commencement

Date in forceCommencement orderMHA 2007 sectionMHA 1983 sections affected
3/11/08 Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 s1, sch1 s45A

Summary of effect of amendments in Chapter 1 of Part 1

Table from Explanatory Notes, page 9.

Provision Currently applies to Will apply in future to Learning disability provision to apply in future "Treatability" test applies now Appropriate medical treatment test to apply in future
Civil Patients (Part 2 of the Act)
Admission for assessment for up to 28 days (section 2) Mental disorder Mental disorder No No No
Admission for treatment (s3) MI, MM, PD, SMM Mental disorder Yes Yes Yes
"Holding power" for patients already in hospital (s5) Mental disorder Mental disorder No No No
Guardianship (s7) MI, MM, PD, SMM Mental disorder Yes No No
Patients concerned in criminal proceedings (Part 3 of the Act)
Remand to hospital for report (s35) MI, MM, PD, SMM Mental disorder Yes No Yes
Remand to hospital for treatment (s36) MI, SMM Mental disorder Yes No Yes
Hospital order (s37) MI, MM, PD, SMM Mental disorder Yes Yes Yes
Hospital order without conviction (s37(3) and 51(5)) MI, SMM Mental disorder Yes No Yes
Interim hospital order (s38) MI, MM, PD, SMM Mental disorder Yes No Yes
Hospital and limitation directions (s45A) PD Mental disorder Yes Yes Yes
Transfer direction - sentenced prisoner (s47) MI, MM, PD, SMM Mental disorder Yes Yes Yes
Transfer direction - other (s48) MI, SMM Mental disorder Yes No Yes

Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment

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