Mental Health Act 1983
(as amended)

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Law as at 19/11/11

Part III contents

35, 36, 37, 38, 39, 39A, 40, 41, 42, 43, 44, 45, 45A, 45B, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54A, 55

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Overview of the MHA 1983
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Statute Law Database

Changes made by Mental Health Act 2007

• Mental disorder no longer split into separate classifications 3/11/08
• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

See also

• Reference Guide to the Mental Health Act 1983, 9. Transfer to hospital of unsentenced prisoners — chapter 9
• Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings

Law

Removal to hospital of other prisoners

48.—(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that

[(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(b) he is in urgent need of such treatment;] [and

(c) appropriate medical treatment is available for him;]

the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.

(2) This section applies to the following persons, that is to say—

(a) persons detained in a prison or remand centre, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;

(b) persons remanded in custody by a magistrates’ court;

(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term [...], who are not persons falling to be dealt with under section 47 above;

(d) persons detained under the Immigration Act 1971 [or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)].

(3) Subsections (2) [and (3)] of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.

Amendments

Pending amendments

1. Criminal Justice and Court Services Act 2000 sch 8: Repeal: In section 48(2)(a), “or remand centre”.