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MHA 1983 § 47

Definition

UK Mental Health Act 1983 provision allowing the Secretary of State for Justice to transfer a sentenced prisoner to a psychiatric hospital when the prisoner is suffering from a mental disorder of a nature or degree making hospital treatment appropriate and available.

Jurisdiction
UK, Mental Health Act 1983
Applies to
Sentenced prisoners
Effect
Transfer to psychiatric hospital
Authority
Secretary of State for Justice

Common questions

What must be shown before a Section 47 transfer can be authorised?+

The prisoner must be suffering from a mental disorder of a nature or degree that makes hospital treatment appropriate, and appropriate hospital treatment must actually be available, so both a clinical threshold and practical availability are required before the transfer can proceed.

How does a Section 47 transfer differ from being sectioned directly from the community?+

Section 47 applies specifically to someone already serving a custodial sentence, moving them from prison to hospital while their sentence continues, rather than a fresh civil detention. This distinguishes it procedurally from Mental Health Act sections used on people not already in the criminal justice system.

Related terms

ACCT Process
Assessment, Care in Custody and Teamwork; the England and Wales Prison and Probation Service framework for identifying and managing prisoners at risk...
BNSS 2023 § 367
Provision of the Bharatiya Nagarik Suraksha Sanhita 2023 that governs proceedings when the accused appears to be of unsound mind and incapable...
Estelle V. Gamble (1976)
US Supreme Court decision holding that deliberate indifference to a prisoner's serious medical need constitutes cruel and unusual punishment under the Eighth...
Mandela Rules
United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the General Assembly in 2015; Rules 24-35 address health care...
Mental Healthcare Act 2017 § 103
Provision of India's Mental Healthcare Act 2017 establishing the rights of persons with mental illness who are in prison or other detention...
MHA 1983 § 48
UK Mental Health Act 1983 provision equivalent to § 47 but applying to unsentenced (remand) prisoners; case law requires more prompt decision-making...
Sell V. United States (2003)
US Supreme Court case establishing the four-part test for when a court may authorise involuntary medication of a defendant for the purpose...

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