This is called a transfer direction, and is used by the Ministry of Justice to transfer a serving prisoner to hospital. It operates just like s37 so is often called a “notional section 37”. The patient cannot be returned to prison unless he breaches his licence conditions. The following are the routes to discharge:

1. RC, at any time
2. MHRT. Note that an application can be made during the first six months, unlike with s37 (as there was no judicial process in the decision to transfer).
3. HMH, as above.
4. NR, as for s37 (application to MHRT only).

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