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Hospital Admission from Prison

    She made me feel a valued human being, preserved my dignity and that I was not just another case. She has a commendable understanding of mental health (MH) and if there were more people like Emma to represent those who suffer from a MH illness the world would be a more humane place.

    Client testimonial about Emma Silburn - Mental Health

    Thank you for being there for me. Please accept my sincere thanks! Best Wishes.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for today. My reputation means everything so trying your hardest means everything to me.

    Client testimonial about Paul Harbison - Mental Health

    Just a short note to say how much I appreciated you kind letter, following the Tribunal, which left me feeling very low. Your support, understanding, and professionalism made the nightmare of being in that 'institution' and that situation bearable.

    Client testimonial about Mike Bishop - Mental Health

    I am writing to say thank you so much for helping my daughter to obtain a discharge from her Section 2 of the Mental Health Act. I know it gave her great strength and hope at a time in her life when everything was extremely stressful and traumatic for her. Thank you once again for all your help.

    Client testimonial about Mike Bishop - Mental Health

    I was very happy with the results Emma Silburn got me

    Client testimonial about Emma Silburn - Crime & Mental Health

    Thank you for helping me out- I really appreciate it. You know something? I've always trusted you right from day one... you helped me out when everyone else ignored me. I like you and respect you.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for representing me. I am delighted with the outcome. I greatly appreciate the time and effort of going through with me. Please will you pass on my sincere gratitude to your colleague Emma for her dedicated approach to my case as well.

    Client testimonial about Mike Bishop and Emma Silburn- Mental Health

    You are always so gentle and kind, and take care to explain things in great detail for me to understand.

    Client testimonial about Mike Bishop - Mental Health

    Many thanks for representing me during those times.. thanks for being there.

    Client testimonial about Paul Harbison - Mental Health

    Thank you for your letter. I was thrilled at the outcome of the tribunal, your client has spoke very highly of you and the expertise you offer, so I would like to thank you for helping one of our very special and valued volunteers.

    Client testimonial about Mike Bishop - Mental Health

    Emma has commendable humane qualities that should be admired. She is a bright talented solicitor who is clearly dedicated to her job and believes in doing the best for her client…which quite frankly I find exceptional.

    Client testimonial about Emma Silburn - Mental Health

    Thank you so much for all your help and support. You did a fantastic job.

    Client testimonial about Emma Silburn - Crime and Mental Health

    May I thank you so much. Your kindness is very much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    We really appreciate your service and promptness, and wish to thank you very much for your professionalism.

    Client testimonial about Kathryn Smales - Crime

    I just wanted to say what a privilege & a pleasure it has been to work with you on some of our shared allocations, & thank you for all your support & advice, which has been much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    I can’t thank you enough for representing me at the Tribunal Hearing. Without that positive outcome I feel certain I could still be back in … lacking any impetus for change or renewal. I too enjoyed our meetings and remain optimistic that we shall not meet in relation to such circumstances again.

    Client testimonial about Mike Bishop - Mental Health

    Just to say many thanks for your help and support before and during my tribunal. It was a pleasure to meet you.

    Client testimonial about Mike Bishop - Mental Health

    It was wonderful to meet you on the day and I still have not found enough words to say Thank you for all you are doing for my son.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your attendance at [my]Tribunal [I] wanted to let you know that you were outstanding and since then [I feel that my] mental health has improved.

    Client testimonial about Mike Bishop - Mental Health

    Just wanted to say a quick thank you for the great work you did for my brother and especially the way you treated him with such dignity and respect.

    Client testimonial about Mike Bishop - Mental Health

    We have been on a long journey, with quite a way to go. But we are thrilled with the recent result. Thank you so much for giving us so much help and support. We're thrilled.

    Client testimonial about Mike Bishop - Mental Health

    She believed in me and stood by me, even when times were difficult and I was beginning to buckle under the pressure she offered me strong shoulders.

    Client testimonial about Emma Silburn - Mental Health

    Thank you for your representation and best wishes, I found everyone I encountered at David Gray to be exceptional and will continue to recommend David Gray to friends in the future.

    Client testimonial about Emma Silburn - Mental Health

    The case was articulated with great clarity and skill by Mrs. Silburn (to whom we are very grateful)

    Client testimonial about Emma Silburn - Mental Health

    Just a note to sincerely thank you for yesterday. Without you I am sure my mother-in-law would still be subject to the Section.

    Client testimonial about Mike Bishop - Mental Health

    I am very grateful for all of your best endeavors, professionalism and thoroughness in representing me at today’s hearing, thank you for listening, and managing my expectations and anxieties.

    Client testimonial about Paul Harbison - Mental Health

Our experienced Mental Health team can advise if you require Hospital Admission from Prison.

s.47 and s.47/49

If you are serving a sentence of imprisonment in prison but are found to be suffering from a mental disorder for which it is believed you should be detained in hospital for treatment you can be transferred to hospital under s.47 Mental Health Act 1983.

If your sentence ends whilst you are in hospital and you still need treatment you can be kept in hospital.  You cannot be returned to prison.

Sometimes a restriction direction (s.49) is added to a s.47 direction (i.e s.47/49).  This means that the Ministry of Justice (MOJ) has the power to grant you leave and discharge you.  The restriction order ends on the date you would have been released from prison if you were still there.  You could be transferred back to prison at any time if you no longer require treatment, or no effective treatment can be given.

You have rights of appeal to the tribunal.  You can only be discharged if the MOJ agree. If the tribunal state that you should be conditionally discharged but the MOJ do not agree then you may remain in hospital rather than be transferred back to prison, if the tribunal recommend it.

You can also appeal to the hospital managers but they can only discharge you if the MOJ agree.

s.48 and s.48/49

You can also be transferred to hospital if you are remanded and need urgent treatment under s.48.  A restriction direction under s.49 can also be imposed.

If you are transferred under s.48 then you cannot be transferred back to prison.  If you are detained under s.48/49 then you can be under the same circumstances as those outlined above for s.47/49.

As you are unsentenced you will not have a release date but there will be a date upon which your transfer direction/restriction direction ceases to have effect.

Those subject to s.48 have the right to appeal to the tribunal.  They have the power to discharge you.  Under s.48/49 you can only be discharged if the MOJ agree. If the tribunal state that you should be conditionally discharged but the MOJ do not agree then you may remain in hospital rather than be transferred back to prison, if the tribunal recommend it.

You can also appeal to the hospital managers but they can only discharge you if the MOJ agree.

The team specialising in this area of work

  • Partner
  • Solicitor
  • Solicitor