The Criminal Procedure Rules 2005

Cessation of transfer direction

19.15.  Where a magistrates' court directs, under section 52(5) of the Mental Health Act 1983(1), that a transfer direction given by the Secretary of State under section 48 of that Act in respect of a person remanded in custody by a magistrates' court shall cease to have effect, the court officer shall give notice in writing of the court’s direction to the managers of the hospital specified in the Secretary of State’s direction and, where the period of remand has not expired or the person has been committed to the Crown Court for trial or to be otherwise dealt with, to the Governor of the prison to which persons of the sex of that person are committed by the court if remanded in custody or committed in custody for trial.

[Note. Formerly rule 110 of the Magistrates' Courts Rules 1981. As to the requirement to give notice to the prison governor and hospital authorities when a defendant subject to a transfer direction is transferred, committed or sent to the Crown Court for trial, see rules 11.3 and 19.20.]

(1)

Section 52(5) is amended by paragraph 55 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).