Section 48 49 - Transfer of a prisoner on remand to hospital
This section looks at section 48/49 of the Mental Health Act. It explains when and how this section is used to transfer you to hospital. And it explains what your rights are on this section.
- The Mental Health Act is the law that says when you can be detained in hospital.
- Section 48 allows mental health professionals to transfer you to hospital if you are an on remand in prison or in a detention centre.
- Section 49 is a restriction direction. The Secretary of State for Justice can add this to a section 48 if they feel that you are a risk to the public. This is called a section 48/49.
- To be transferred to hospital, you must be so unwell that you need treatment in hospital.
- The prison has to ask the Secretary of State for Justice for permission to transfer you to hospital using this section.
- You can move back to prison or the detention centre if your mental health gets better.
- You can appeal to the Hospital Managers and the Mental Health Review Tribunal (MHRT) if you don’t think that you should be on this section.
- The hospital can treat you without your permission.
- When you are discharged, you can get free aftercare services under section 117 of the Mental Health Act.
This section covers:
- What professionals might I meet?
- When is this section used?
- How is this section used?
- How long will I be on this section?
- What are my rights?
- Can the doctor treat me if I don’t want it?
- What sort of aftercare could I get?
This information has been written in accordance with the Rethink Mental Illness Advice & Information Service Information Standard. Last reviewed in August 2018. Next review August 2021.
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