MHA 1983 s41
If the special restrictions set out in this section are imposed, it means that leave under s17, transfer under s19, and discharge under s23 cannot take place without the consent of the Home Office. There are other implications, notably in relation to MHRT applications and discharge.
Patients subject to a restriction order are known as restricted patients. The restrictions are set out in this section can be applied to the following patients:
- s37 (hospital order) patients. In this case the judge can choose to set a period during which the restrictions will apply or, more usually, set them to last indefinitely. Only the Crown Court can impose a restriction order. In deciding whether to impose a restriction order, the judge will consider the character and antecedents of the offender, and it is necessary to protect the public from serious harm. (Check s41 for wording.)
- s47 prison transfer patients (via s49). In this case the restrictions end on the patient's non-parole date. The Home Office will generally impose the restrictions, unless the patient is near the end of their time (and therefore would soon cease to be subject to the conditions anyway). (Add detail.)
- s45A hospital direction patients (in which case it is called a limitation direction). (Check the details of this.)
- Patients sectioned under Criminal Procedure (Insanity) Act 1964 (add details).