Section 47 – Transfer of sentenced prisoner to hospital

What is Section 47?

Section 47 of the Mental Health Act allows for the transfer of a sentenced prisoner from a correctional facility to a hospital for psychiatric treatment. This legal provision is designed to ensure that individuals who are serving a prison sentence but require psychiatric care can receive appropriate treatment in a medical setting. The decision to transfer under Section 47 is typically made by the Ministry of Justice, called “Transfer Direction”, following recommendations from medical professionals who have assessed the prisoner’s mental health condition. The primary aim is to provide necessary care that the prison environment is unable to offer, thus supporting the mental health and overall well-being of the prisoner.

Why might you be placed in Section 47?

You have been placed under Section 47 because a thorough assessment by qualified mental health professionals has concluded that you need specialised psychiatric treatment that cannot be adequately provided in the prison. Reasons for this decision may include:

• Severe mental illness that requires inpatient care and constant monitoring.
• A significant risk to yourself or others if you remain in prison without appropriate mental health intervention.
• The necessity of a controlled and therapeutic environment to stabilise your mental health condition.

This decision is taken to ensure you receive the care you need in the most appropriate setting for your condition.

Duration and Process

The duration of your stay under Section 47 is not fixed and depends on your individual treatment needs and progress. Initially, a team of healthcare professionals will develop a personalised treatment plan aimed at stabilising and improving your mental health. Here’s what typically happens next:

1. Initial Treatment: You will receive comprehensive psychiatric care, including medication, therapy, and other necessary treatments.
2. Regular Reviews: Your condition will be regularly reviewed by your healthcare team. These reviews assess your progress and determine whether you still need hospital care.
3. Discharge Planning: Once it’s determined that you no longer require inpatient psychiatric care, a plan will be developed for your discharge. This plan may include a return to prison with continued mental health support or other arrangements as deemed appropriate.

The length of your stay in the hospital will be directly related to how well you respond to treatment and how stable your condition becomes.

Medication and Consent

Under Section 47, you can be medicated against your will, but this is governed by strict legal and ethical guidelines. Here’s what you need to know:

• Consent: Efforts are made to obtain your consent for treatment whenever possible. Mental health professionals will explain the benefits and potential side effects of any medication.
• Involuntary Treatment: If you refuse medication and it’s determined that you pose a significant risk to yourself or others, or that you cannot make an informed decision due to your mental state, involuntary medication may be administered. This decision involves careful consideration and must comply with legal standards, including approval from a second opinion appointed doctor (SOAD).
• Review and Safeguards: The use of involuntary medication is regularly reviewed, and there are safeguards in place to protect your rights and well-being.

Leave and Appeals

Under Section 47, you may be granted leave from the hospital under certain conditions:

• Escorted Leave: Initially, you may be allowed to leave the hospital with a staff escort. This is to ensure your safety and the safety of others while you are outside the hospital.
• Unescorted Leave: As your condition improves, you might be granted unescorted leave. This is typically given in a gradual manner, starting with short durations and increasing over time based on your progress.
• Approval Process: Leave must be approved by your responsible clinician, who will assess the potential benefits and risks. Factors considered include your current mental state, behaviour, and the purpose of the leave (e.g., therapeutic visits, family visits, community reintegration activities).

Appeals

You have the right to appeal your transfer and detention under Section 47. The appeal process involves several steps:

1. Legal Representation: You can seek the assistance of a legal representative who specialises in mental health law. They can provide advice and represent you during the appeal process.
2. Mental Health Tribunal: You can apply to a Mental Health Tribunal, an independent body that reviews cases of individuals detained under the Mental Health Act. The tribunal will consider evidence from your healthcare team, legal representatives, and any other relevant parties.
3. Appeal Grounds: You can appeal on various grounds, such as questioning the necessity of the transfer, the appropriateness of your treatment, or the duration of your detention.

What are your rights?

Under Section 47, you retain several important rights, including:

• Right to Information: You have the right to be informed about your treatment, your legal status, and your rights while under Section 47.
• Right to Participate: You have the right to be involved in decisions about your treatment and care to the extent that your condition allows.
• Right to Confidentiality: Your medical information should be kept confidential, shared only with those directly involved in your care or as required by law.
• Right to Advocacy: You have the right to access independent advocacy services, which can help you understand your rights and support you in making decisions about your care.
• Right to Complain: If you are dissatisfied with any aspect of your treatment or believe your rights are being infringed, you have the right to make a complaint through the hospital’s formal complaints procedure or other relevant channels.

Our partner hospital facilities are dedicated to providing compassionate care, ensuring your rights are upheld, and supporting you throughout your recovery journey. Your well-being and rights are our top priorities. We are here to support you on your journey towards recovery, every step of the way.

If you have any questions or concerns, please don’t hesitate to reach out to a member of our team.