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57 Med. Sci. & L. 1 (2017)

handle is hein.journals/mdsclw57 and id is 1 raw text is: 


Original article


A retrospective study describing the

characteristics of one Mental Health

Trust's admissions under sections 47

and 48 of the Mental Health Act 1983


Medicine, Science and the Low
2017, Vol. 57(1) 1-6
@ The Author(s) 2016
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DOI: 10.1177/0025802416677192
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*SAGE


Ravindran Neeilan and Aileen O'Brien




Abstract
Sections 47 and 48 of the Mental Health Act 1983 allow prisoners to be transferred from prison to an appropriate
health-care setting in order to be treated. There is an awareness that delays exist when transferring prisoners to
hospital. However, literature regarding the delay in returning these patients from hospital is limited. The admissions from
prison to a Psychiatric Intensive Care Unit (PICU) in South West London were compared to non-offenders on the PICU
in order to compare the average length of stay for both groups and the time taken for the discharge from PICU once felt
clinically appropriate. The study also compared demographic profiles, reason for admissions, psychiatric diagnosis and
index offences. Over six years, there were 18 admissions from prison to a PICU. The control group comprised 37 non-
offenders admitted to the same PICU. On average the prison group took longer to be deemed clinically ready for
discharge and, even once clinically ready, then took longer to be discharged. The average length of stay in PICU was
77.83 days for prisoners, and 16.46 days for non-offenders. All 55 admissions were between I January 2008 and 31
December  2014. The offender pathway and the difference in the length of stay between prisoners and non-offenders in a
PICU  warrants further exploration. Possible recommendations to reduce the length of stay of prisoners include
improved  information sharing between prisons and hospital, and clearer guidelines regarding the level of security
required.


Keywords
Forensic psychiatry, forensic sections, prison


Introduction
Mental  illness is common amongst the prison popu-
lation. The  Office for National  Statistics (ONS)
surveyed prison populations for mental ill health in
England  and Wales in 1997; >90%  of prisoners were
found  to have at least one mental health disorder,
including psychosis, neurosis, alcohol misuse, drug
dependence  and personality disorder.1
   The responsibility for managing health care in pris-
ons was fully transferred from Her Majesty's Prison
Service (HMPS) to the National Health Service
(NHS)  in April 2006. The aim in involving the NHS
was to allow prisoners access to the same quality and
range of health services as the general public receives
in the community.2
   Prisoners who  suffer from mental disorders and
require inpatient treatment within a secure mental
health service are only allowed to be transferred to
hospital under the Mental Health Act  (MHA)   1983
with consent from the Secretary State for Justice.


   Sentenced prisoners are transferred under section
47  (s47) of the MHA,   and  prisoners who  are on
remand  or not  yet sentenced are transferred under
section 48  (s48). Section 49 (s49) empowers   the
Home   Secretary to  attach a restriction direction,
imposing restrictions upon the discharge of the offen-
der (prisoner). In the UK, under mental health legis-
lation, patients are not able to receive treatment in
prison without consent.3
   Studies carried out by the Home   Office demon-
strate that between 1993 and  1999, the number  of
prisoners transferred from prison to hospital under
s47 or s48 fluctuated between 723 and 785 per year.
In 2000, the number decreased to 662 before rising in


St. George's, University of London, UK

Corresponding author:
Aileen O'Brien, St George's, University of London, Cranmer Terrace,
Tooting, London SWI 7 ORE, UK.
Email: aobrien@sgul.ac.uk

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