Restricted patient
The term "restricted patient" is defined in s79 as those subject to:
- a restriction order under s41. See Section 37/41: hospital order with restrictions.
- a limitation direction under s45A. See Section 45A: hospital direction.
- a restriction direction under s49. See Sections 47, 48 and 49: transferred prisoners.
- or any patient treated as if subject to a restriction order/direction by other legislation. This would include those subject to a restriction order given under CPIA 1964 s5 (or the equivalent order given prior to the amendment of that Act).
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.
INFORMATION
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