Transfer to hospital while on remand and Form H3

Law and practice Mental Health Act
1

Hello,
If a person has a warrant to transfer from Prison/Court to Hospital whilst on remand and awaiting court date, would the Hospital then use a H3 once the person arrives?

2

No, the H3 is only used for a Section 3. a prisoner on remand will be a Section 48/49.

3

Hi , A H3 form is only used for civil sections such as Section 2, section 3 and section 4,
The transfer warrant should have the address of the Hospital in which the Patient is to transfer, the section commences on the date of the warrant.

1 Like
4

Yes as the warrent only covers the transfer not the detention at the next hospital

5

I take the words as they appear on the page. I cannot know if you ‘meant’ something else ahead of any retrospective modification of meaning. Hence the words “Prison/Court” become relevant in the present.

As far as I am aware - but likely to be wronged by the crowd - S48/49 is not a remand section via the court. A patient may be remanded to custody in a prison awaiting trial. Then a 48/49 can be used subject to SOS authorisation, to transfer such patient into a hospital for treatment of a mental disorder.

The court can remand a person - to a hospital via:

  • Section 35 – remand to hospital for psychiatric report
  • Section 36 – remand to hospital for treatment

Or direct/ly (not on remand):

  • Section 38 – interim hospital order post conviction.

H3 is a record of detention in a hospital under S2, S3, S4.

Hence I would not expect a hospital to use a H3 for S48, S35, S36 or S38.

However, I’m authoritatively told that S35 patients (on remand) are different - and that nothing prevents their detention under a S2 or S3 almost immediately on arrival at the hospital (once satisfying civil criteria for detention). I don’t know of such a situation of immediacy or how it might arise. But my reliable information is that it can happen. [Caution: authoritative information is not always correct. Sorry for sounding like the CQC with the ‘not always’ thing. Totally coincidental.:blush:]

So, ‘once the person arrives’ on S35 and is detained almost immediately either under S2 or S3, in that rare situation an H3 will be required.