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
- Mental disorder no longer split into separate classifications
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 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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