Prison law
There is an overlap between mental health law and prison law, particularly in the case of s47/49 and s45A patients. Currently the prison law resources on this website are limited.
It is good to be reasonably familiar with the different types of sentence as, for example, s47/49 patients become s47 patients on the date when they would be entitled to be release. Also, under s74, restricted patients who "win" their Mental Health Tribunals may, depending on their circumstances, be entitled to a subsequent Parole Board hearing.
See also
- Parole Board
- Category:Prison law cases - case law
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal detaining sections
- Section 37: hospital order
- Section 37/41: hospital order with restrictions
- Sections 47, 48 and 49: transferred prisoners
- Prison sentences
- Notional s37
- Section 45A: hospital direction
- Section 38: interim hospital order
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37: guardianship order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 51(5): hospital order without conviction
- Detention under insanity legislation
- Admission order
- Aftercare
- Mental Health Tribunal
- Tribunal Rules
- Preliminary legal points
- Tribunal eligibility
- Commentary on some FTT matters
- Overriding objective (MHT)
- Applications (MHT)
- Parties (MHT)
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- Representatives (MHT)
- Notice of proceedings, and listing (MHT)
- Medical examination (MHT)
- Remote hearings (MHT)
- Recording of hearings (MHT)
- Disposal without hearing (MHT)
- Hearing in a party’s absence (MHT)
- Decisions by a single judge (MHT)
- Reports (MHT)
- Evidence (MHT)
- Non-disclosure of documents and information (MHT)
- Directions (MHT)
- Adjournment and postponement (MHT)
- Withdrawal (MHT)
- Reinstatement (MHT)
- Decisions (MHT)
- Public hearing (MHT)
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- Mandatory and discretionary references
- Nearest relative
- Patients who have a nearest relative
- Identification of nearest relative
- Nearest relative powers
- Changing the nearest relative
- Nearest relative - miscellaneous
- Legal Aid
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- International law
- Changes made by MHA 2007
- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
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- Summary of routes to discharge
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- Voting rights for detained patients
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- Adult Social Care
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- Legislation.gov.uk
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- National Policing Improvement Agency
- Office of Fair Trading
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- Statute Law Database
- Tribunal Procedure Committee
- Venice Commission
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- Psychiatry
- Statistics
- The Law Society
- Things to sign up for
What links here:
- R (Evans) v Brockhill Prison [1996] EWHC Admin 234
- Parole Board (Amendment) Rules 2009
- R (James) v SSJ [2009] UKHL 22
- R (LV) v SSJ [2013] EWCA Civ 1086
- R (LV) v SSJ [2014] EWHC 1495 (Admin)
- R v LV; R (LV) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56
- R (Gourlay) v Parole Board [2017] EWCA Civ 1003
- LV v UK 50718/16 [2018] MHLO 22
- R (Bate) v Parole Board [2018] EWHC 2820 (Admin)
- R (Hall) v SSJ [2018] EWHC 1905 (Admin)
- R (LV) v SSJ [2012] EWHC 3899 (Admin)
- R v SSHD, ex p Leech (No 2) [1993] EWCA Civ 12
- Joseph, Application for Reconsideration by [2019] PBRA 43
- R (EG) v Parole Board [2020] EWHC 1457 (Admin)
- Re UR: Derby City Council v NHS Derby and Derbyshire CCG [2021] EWCOP 10
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