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The Criminal Procedure Rules 2011

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Notice where person removed to hospital

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11.3.  Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983(1) in respect of a person remanded in custody by a magistrates’ court and, before the direction ceases to have effect, notice of transfer is given in respect of that person, the magistrates’ court officer shall give notice thereof in writing—

(a)to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and

(b)to the managers of the hospital where he is detained.

(1)

1983 c. 20; section 47 was amended by sections 49(3) and 56(2) of, and Schedule 6 to, the Crime (Sentences) Act 1997 (c. 43), section 58 of, and paragraph 18 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28) and sections 1, 4 and 55 of, and paragraphs 1 and 10 of Schedule 1 and Part 1 of Schedule 11 to, the Mental Health Act 2007 (c. 12). Section 48 was amended by section 62 of the Nationality, Immigration and Asylum Act 2002 (c. 41), the Statute Law (Repeals) Act 2004 (c. 14) and section 5 of, and paragraphs 1 and 11 of Schedule 1 to the Mental Health Act 2007 (c. 12). It is further amended by Part II of Schedule 7 and paragraphs 72 and 73 of Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43), with effect from a date to be appointed.

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