Power to specify hospital units: Difference between revisions
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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 to: | 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 to restricted patients, i.e. those made subject to the following sections: | ||
* Hospital order with restriction order, [[s37/41]] | * Hospital order with restriction order, [[s37/41]] | ||
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* Restricted transfer direction, [[s47/49]] | * Restricted transfer direction, [[s47/49]] | ||
* Admission order under [[Criminal Procedure (Insanity and Unfitness to Plead) Act 1991]] Schedule 1 | * Admission order under [[Criminal Procedure (Insanity and Unfitness to Plead) Act 1991]] Schedule 1 with order equivalent to restriction order | ||
Any reference in legislation to "hospital" is then taken to refer to the specified hospital unit instead. This affects the following decisions: | |||
* The RMO 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 RMO 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. | |||
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Revision as of 21:46, 12 October 2007
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 to restricted patients, i.e. those made subject to the following sections:
- Hospital order with restriction order, s37/41
- Hospital and limitation direction, s45A
- Restricted transfer direction, s47/49
- Admission order under Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 Schedule 1 with order equivalent to restriction order
Any reference in legislation to "hospital" is then taken to refer to the specified hospital unit instead. This affects the following decisions:
- The RMO 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 RMO 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.