MHA 1983 § 48
Definition
UK Mental Health Act 1983 provision equivalent to § 47 but applying to unsentenced (remand) prisoners; case law requires more prompt decision-making given the unconvicted status of remand prisoners.
- Jurisdiction
- UK, Mental Health Act 1983
- Applies to
- Unsentenced (remand) prisoners
- Compared to
- Section 47 (sentenced prisoners)
- Case law requirement
- More prompt decision-making
Common questions
Why does the law require faster decisions for Section 48 cases than Section 47 cases?+
A remand prisoner has not been convicted and is presumed innocent, so leaving them in prison without needed psychiatric treatment while a transfer decision is delayed raises stronger legal and human rights concerns than the equivalent delay for a convicted, sentenced prisoner.
What happens to a Section 48 transfer if the remand prisoner is later acquitted or convicted?+
The prisoner's status changes with the outcome of their trial, which can affect whether they continue under Section 48 or transition to different provisions such as Section 47 if convicted and sentenced, or civil sectioning arrangements if released from the criminal process.
Related terms
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- Estelle V. Gamble (1976)
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- Mandela Rules
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- MHA 1983 § 47
- UK Mental Health Act 1983 provision allowing the Secretary of State for Justice to transfer a sentenced prisoner to a psychiatric hospital...
- Sell V. United States (2003)
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