Transfer direction: Difference between revisions
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A prisoner can be transferred to hospital under [[s47]]. Under s47(3) he will be treated as if subject to a [[hospital order]]: s47 on its own is often called a "[[notional s37]]". | A prisoner can be transferred to hospital under [[s47]]. Under s47(3) he will be treated as if subject to a [[hospital order]]: s47 on its own is often called a "[[notional s37]]". | ||
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[[:File:DH 128855 Transfer of children between custody and hospital.pdf|Dept of Health, 'Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England' (dated June 2011, published 1/8/11)]] | [[:File:DH 128855 Transfer of children between custody and hospital.pdf|Dept of Health, 'Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England' (dated June 2011, published 1/8/11)]] | ||
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Revision as of 20:22, 9 April 2021
A prisoner can be transferred to hospital under s47. Under s47(3) he will be treated as if subject to a hospital order: s47 on its own is often called a "notional s37".
It is usually given alongside a restriction direction under s49. One exception is where the prisoner is near the end of his imprisonment, as the restrictions would soon cease and the patient would become a notional s37 patient at that stage anyway.
See Discharge of transferred prisoners.
Resources
PSO 4700: Indeterminate Sentence Manual - See chapter 15 entitled "Mentally disordered indeterminate sentence prisoners" (new version inserted by PSI 29/2010 with effect from 19/4/10)
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