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Our team are fully operational and here to help. We can advise/represent you by telephone, email, video call or face to face in essential circumstances.

Tribunal hearings are still proceeding via video conference. We can still represent you at these hearings and free legal aid is available to all detained patients at Tribunal hearings.

Contact us on 0191 232 9547.

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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 David Gray Hospital Admission From Prison Team

Paul Harbison

Paul Harbison

Solicitor

Thomas Tully

Paralegal

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