Power to specify hospital units

s47 of the Crime (Sentences) Act 1997 states that certain powers to specify a hospital includes the power to specify a specific hospital unit. This applies when the following orders/directions are made:

  • Hospital order with restriction order, s37/41
  • Hospital and limitation direction, s45A
  • Restricted transfer direction, s47/49

Any reference in legislation to "hospital" is then taken to refer to the specified hospital unit instead. This affects the following decisions:

  • The RC needs Ministry of Justice permission to grant leave of absence (under s17) except within any grounds of the specified hospital unit. In normal circumstances, the RC does not need permission to grant leave within the hospital grounds (and only needs permission for "community" leave).
  • Ministry of Justice permission is also required for the transfer (under s19) of a patient from the specified unit to another unit of the same hospital. Normally the Ministry of Justice is only involved in transfer between hospitals.

The purpose of the power is to allow the Ministry of Justice to have a say in the level of security in which the patient is detained.

External links

From Ministry of Justice website:


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