Part III Miscellaneous and supplemental

Mentally disordered offenders

47 Power to specify hospital units.

1

Subject to subsection (2) below, any power to specify a hospital which is conferred by—

a

section 37 of the 1983 Act (hospital orders);

b

section 45A of that Act (hospital and limitation directions);

c

section 47 of that Act (transfer directions); F3...

F1d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

2

In subsection (1) above—

a

paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);

b

paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); F4...

F2c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In this section—

  • hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;

  • hospital unit” means any part of a hospital which is treated as a separate unit.

F54

A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of—

a

section 5 of the Criminal Procedure (Insanity) Act 1964,

b

section 6 or 14 of the Criminal Appeal Act 1968, F7or

F6c

Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).