Transfer direction

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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 - so s47 on its own is 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 at that stage anyway.

See Discharge of transferred prisoners.

Resources

Procedure for the transfer of prisoners to and from hospital under sections 47 and 48 of the Mental Health Act (1983) - Published on DH website 12/12/07, replacing previous guidance

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