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What is a section 48/49? - Mind Home > Information and support > Legal rights > Section 48/49 The courts and mental health Explains what may happen if you are charged with committing a crime, what happens when you to go court, and how your mental health is taken into account. View this information as a PDF (new window) Overview Going to court
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Professionals can decide to transfer you to hospital. This can be done under section 48/49 of the Mental Health Act 1983. This section explains when and how you might be transferred to hospital and what your rights are. This section is for adults in England on remand in prison or in an immigration detention centre and experiencing mental illness.
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If you have been detained under Section 48/49 MHA 1983 and need legal assistance, you can contact India on 02392 660 261 or [email protected]. For further information or to speak to one of our experts, please get in touch. If you are detained under Section 48/49 Mental Health Act 1983 (as amended) (MHA 1983) you are a prisoner.
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What is a section 47? If you are serving a prison sentence, the prison can send you to hospital for treatment under section 47. You can only be given a section 47 after you've been convicted of an offence and sent to prison. Before that, you can be transferred to hospital under section 48. If the prison thinks you are unwell and need to go to.
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00 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 09 08 07 06 05 04 03 02 01. Secs. Choose Numbers.
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Details. This form should be filled in by the clinician who's responsible for the care of the section 47/49 or section 48/49 restricted patient. You must complete it before the patient can be.
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47 Removal to hospital of persons serving sentences of imprisonment, etc. E+W (1) If in the case of a person serving a sentence of imprisonment the Secretary of State is satisfied, by reports from at least two registered medical practitioners— (a) that the said person is suffering from [F1 mental disorder]; and (b) that the mental disorder from which that person is suffering is of a nature.
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Sections 47, 48 and 49: transferred prisoners These patients are subject to section 47 alone ("notional s37"), s47/49, or s48/49. Contents 1 Prison sentences 2 The s47 and s48 transfer powers 3 Discharge (unrestricted patients) 4 The s49 restriction direction 5 Discharge (restricted patients)
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48 Removal to hospital of other prisoners. (1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that. [ F1 (a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained.
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00 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 09 08 07 06 05 04 03 02 01. Secs. Choose Numbers.
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section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. The Mental Health Act is a law that protects the rights of patients who are being detained in hospital. This introductory guide only covers information about your rights when the decision to detain you in hospital is made.