Part III of the Act Patients involved in criminal proceedings or under sentence 1)NEW DEFINITION OF MENTAL DISORDER e.g. S36 Remand to hospital for treatment a)Mental disorder of a nature or degree which makes it appropriate for him to be detained in hospital for medical treatment and b)Appropriate medical treatment is available Also ‘approved clinician’

2)REMOVAL OF EXCLUSION RE SEXUAL DEVIANCY 3)AVAILABILITY OF APPROPRIATE TREATMENT TEST S37 hospital order …the Court is satisfied on the written or oral evidence of 2 registered medical practitioners that the offender is suffering from mental disorder and that either

i)The mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in hospital for medical treatment and appropriate medical treatment is available for him; or ii)…the mental disorder is of a nature or degree which warrants his reception into guardianship 4) TIME LIMITED RESTRICTION ORDERS ABOLISHED

CODE OF PRACTICE CHANGES 33.3 Assess mental health needs of those before the Courts at the earliest possible opportunity 33.6 PCTs should: Provide comprehensive information on range of admission facilities in response to a request under Section 39 (including CAMHS beds)

Appoint a named person to respond to requests for information Ensure prompt medical assessment of defendants to assist speedy completion of the legal process/suitable disposal

Code of Practice Changes – Transfer of prisoners to hospital Need for inpatient treatment for a prisoner should be identified and acted upon quickly. Responsible commissioners should aim to ensure that transfers are carried out within a timeframe equivalent to level of care provided in the community

33.32 Prisoners with severe mental illness who consent to treatment should also be considered for transfer if the prison environment is considered to contribute to their disorder Prisoners transferred to hospital under Sections 47 or 48 should not be remitted to prison unless clinical staff from the hospital and prison have met to plan future care (S117 meeting)

33.35 Section 47 transfers → post E.D.R. remain detained as if on a hospital order without restrictions. May now be discharged onto supervised community treatment. Code now omits specific guidance on recall of conditionally discharged patients