This is a transfer direction under s47 together with a restriction direction under s49. The restrictions are the same as those in s41. The prisoner can be transferred back to prison at any time, on medical advice or the advice of the MHRT. In theory these patients can be discharged directly into the community, but in practice (except for a minority called “technical lifers”) they are returned to prison when the MHA is not necessary. These are the routes to discharge:

1. MHRT. Eligibility is as for s47. The MHRT make a notification is invariably followed by the Ministry of Justice.
2. Ministry of Justice.

For a consultation with one of our Mental Health Team please call us on 020 7426 0400 or email us on office@milesandpartners.com.