Hospital direction

This is an order which the Crown Court can make at the same time as imposing a prison sentence upon an offender who suffers from mental disorder: s45A(1),(2).

A limitation direction must also be given: s45A(3). A hospital direction has the same effect as a transfer direction under s47; a limitation direction has the same effect as a restriction direction under s49.

The sentenced person is treated, at the time of sentencing, as if he had been transferred to hospital from prison under s47/49. Before the end of the sentence he can be transferred "back" to prison to serve the remainder of the sentence.

See MHA 1983 s45A and s45B for further details.

The following changes made by the Mental Health Act 2007 are relevant:

• Hospital directions under s45A apply to any mental disorder 3/11/08
• Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT 1/10/07

See also

• Reference Guide to the Mental Health Act 1983, 5. Hospital and limitation directions [Note that the chapter number relates to the old Reference Guide]