Section 48 49 - Transfer of a prisoner on remand to hospital
This section looks at section 48/49 of the Mental Health Act. It looks at the professionals you might come across in hospital, when and how the courts use this section. It explains what your rights are during this section and what could happen afterwards.
- The Mental Health Act is the law which mental health professionals use section 48 to bring you to hospital for treatment. This is also known as being ‘sectioned’.
- You must need treatment in hospital in the interests of your own health or safety or to protect other people.
- The prison can ask the Ministry of Justice to transfer you to hospital using this section if you are on remand and your mental illness cannot be managed in prison.
- The hospital can you move back to prison if your mental health gets better.
- You can appeal to the Hospital Managers and the Mental Health Review Tribunal (MHRT) if you do not agree with being on this section.
- The hospital can treat you without your permission for up to 3 months.
- 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 come across in hospital?
- When do prisons use this section?
- How do prisons use this section?
- How long will I be on this section?
- What are my rights?
- Can the doctor treat me if I don’t want it?
- Will I have to go back to prison?
- Will I have to go back to court?
- What might happen after this section?
This information has been written in accordance with the Rethink Mental Illness Advice & Information Service Information Standard. Last reviewed in October 2015. Next review October 2017.
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