Section 48 Removal to hospital of other prisoners.

England and Wales

(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 in a hospital for medical treatment; and

(b)

he is in urgent need of such treatment; F2and

(c)

appropriate medical treatment is available for him;

the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.

(2)

This section applies to the following persons, that is to say—

(a)

persons detained in a prison or F3remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;

(b)

persons remanded in custody by a magistrates’ court;

(c)

civil prisoners, that is to say, persons committed by a court to prison for a limited term F4..., who are not persons falling to be dealt with under section 47 above;

F5(d)

persons detained under—

(i)

the Immigration Act 1971,

(ii)

section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State),

(iii)

section 36 of the UK Borders Act 2007 (detention of offenders for deportation), or

(iv)

regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (which are saved by the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)).

(3)

Subsections (2) F6and (3) of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.

Annotations

Textual amendments

F1: S. 48(1)(a)(b) substituted (3.11.2008) for words in s. 48(1) by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 11(a) (with Sch. 10); S.I. 2008/1900, art. 2(a), (with art. 3, Sch.)
F2: S. 48(1)(c) and preceding word inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 5(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F3: Words in s. 48(2)(a) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 38(1), 56(1)
F4: Words in s. 48(2)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), ss. 1(1), {Sch. 1 Pt. 17 Group 8}
F5: S. 48(2)(d) substituted (18.2.2026) by Mental Health Act 2025 (c. 33), ss. 36(3)(b), 56(1)
F6: Words in s. 48(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 11(b) (with Sch. 10); S.I. 2008/1900, art. 2(a), (with art. 3, Sch.)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Part III

Modifications

C1: Pt. 3: certain defintions applied (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2
C2: Pt. 3 applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2