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Procedure for the transfer of prisoners to and from hospital under sections 47 and 48 of the Mental Health Act 1983

This document details the procedure for transferring sentenced and unsentenced prisoners under sections 47 and 48 of the Mental Health Act 1983 respectively. The transfers are from prisons to either low, medium or high secure health-care facilities.

The aim of this document is help colleagues work together more effectively to secure and sustain significant improvements in unacceptable delays. The procedure is a result of wide national consultation and explains each stage of the transfer process, providing clear guidance for key stakeholders to enable timely transfer. In particular, the procedure highlights the vital role of safe and effective commissioning by responsible commissioners.

At the end of the two year Prison Mental Health Transfers Programme (April 2007), the procedure will be revised as the current version of the document continues to invite further comments from key stakeholders in partnership with the on-going work of the Prison Mental Health Transfers Programme.

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