# Transfer to hospital while on remand and Form H3 **URL:** \ **Category:** Mental Health Act\ **Created:** [20 August 2025 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090 "2025-08-20T15:32:37Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![ECl](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/e/c5a1d2/32.png) [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Post date:** [20 August 2025 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090/1 "2025-08-20T15:32:37Z")
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? ---
**Author:** ![TraceyVickery](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/77aa72/32.png) [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\ **Post date:** [21 August 2025 07:46 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090/2 "2025-08-21T07:46:31Z")
No, the H3 is only used for a Section 3. a prisoner on remand will be a Section 48/49. ---
**Author:** ![NealWhittle](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/34f0e0/32.png) [@NealWhittle](https://forum.mentalhealthlaw.co.uk/u/NealWhittle)\ **Post date:** [21 August 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090/3 "2025-08-21T09:19:31Z")
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. ---
**Author:** ![Tony2457](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/47e85d/32.png) [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Post date:** [26 August 2025 18:29 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090/4 "2025-08-26T18:29:17Z")
Yes as the warrent only covers the transfer not the detention at the next hospital ---
**Author:** ![CaptainWalker](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/captainwalker/32/159_2.png) [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Post date:** [26 August 2025 21:22 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090/5 "2025-08-26T21:22:26Z")
> [@ECl](#): > > 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? 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.😊] 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.