If the special restrictions set out in s41 are imposed, it means that leave under s17, transfer under s19, and discharge under s23 cannot take place without the consent of the Ministry of Justice. There are other implications, notably in relation to MHT applications and discharge.
Patients subject to a restriction order are known as restricted patients. The restrictions are set out in this section can be applied to the following patients:
- s37 (hospital order) patients. The MHA 2007 removed the option of time-limited restriction orders. Only the Crown Court can impose a restriction order. In deciding whether to impose a restriction order, the judge will consider the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, in deciding if it is necessary for the protection of the public from serious harm that a restriction order be imposed (see s41(1)).
- s47 prison transfer patients (the restrictions are imposed via s49). In this case the restrictions - on a determinate sentence only - end on the prisoner's release date. The MOJ almost always impose the restrictions, unless the patient is near the end of their sentence (and therefore would soon cease to be subject to the conditions anyway).
- s45A hospital direction patients (in which cases the restrictions are always imposed, via a limitation direction).
- Patients sectioned under Criminal Procedure (Insanity) Act 1964.
- Reference Guide to the Mental Health Act 1983, 4. Hospital orders [Note that the chapter number relates to the old Reference Guide]