MHA 1983 s49

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Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

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

See Restriction direction for details.

See Victims' rights to make representations and receive information for information relevant to some Tribunal hearings.

See Power to specify hospital units.

Change made by Mental Health Act 2007

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.

  • R (MN) v MHRT [2008] EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).
  • R (Miah) v SSHD [2004] EWHC 2569 (Admin) — Criminal sentence continues after s47 (notional s37) transfer, and after discharge from section; as does any licence period and power to recall for breach.

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See also

[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]

  • Reference Guide to the Mental Health Act 1983, 8. Transfer of sentenced prisoners to hospital [Note that the chapter number relates to the old Reference Guide], 9. Transfer to hospital of unsentenced prisoners [Note that the chapter number relates to the old Reference Guide], 12. Detention in hospital [Note that the chapter number relates to the old Reference Guide] — paragraphs 8.4 and 8.5, 8.10 and 8.11, 9.5 and 9.6 (also paragraphs 12.96 and 12.97)
  • Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings


Restriction on discharge of prisoners removed to hospital

49.—(1) Where a transfer direction is given in respect of any person, the Secretary of State, if he thinks fit, may by warrant further direct that that person shall be subject to the special restrictions set out in section 41 above; and where the Secretary of State gives a transfer direction in respect of any such person as is described in paragraph (a) or (b) of section 48(2) above, he shall also give a direction under this section applying those restrictions to him.

(2) A direction under this section shall have the same effect as a restriction order made under section 41 above and shall be known as "a restriction direction".

(3) While a person is subject to a restriction direction the [responsible clinician][1] shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.