I am a MHAO, we have a patient serving a 14 week sentence in prison. He is subject to a CTO. The Prison have contacted the RC as the patient is refusing his medication and his mental health has deteriorated. They believe he should be transferred to hospital. Can the RC recall him on the CTO to hospi…

If he’s serving a sentence then he needs to be transferred under s47

Certainly agree there is no way a CTO recall could ever ‘trump’ a prison sentence, so on that basis only s.47 available. Given that MHA s.47 is the statutory power to transfer a sentenced prisoner to hospital, there can be no alternative route as a matter of law. The only way I can imagine the CTO …

If a patient is in Prison, he is no longer ‘‘ in the community’’ for the purpose of the CTO framework. But more importantly, Compulsory treatment under the Mental Health Act cannot occur in prison as the Act only authorises treatment in hospital and not prison. Therefore the legal route is transfer…

MHLO Forum

CTO Patient in Prison - MH Deteriorating - Recall on CTO or Forensic Order?

Law and practice Mental Health Act