Mentally disordered offenders

Guidance and forms for those working with mentally disordered offenders (restricted patients).

The guidance covers work with restricted patients detained in hospital and those discharged into the community. It also covers transfers from prison to hospital under the Mental Health Act 1983.

Restricted patients are mentally disordered offenders who are detained in hospital for treatment and who are subject to special controls by the Justice Secretary due to the level of risk they pose. These controls include permission for community leave, transfer to another hospital, discharge and recall to hospital. The Mental Health Casework Section takes these decisions on behalf of the Justice Secretary.

Detained patients are usually treated in secure hospitals, and will be given gradual access to the community as part of their rehabilitation only when it is safe to do so. Detained patients have access to the independent First Tier Tribunal (Mental Health), which has a statutory duty to discharge patients who no longer meet the criteria for detention under the Mental Health Act 1983.

Conditionally discharged patients are generally supervised in the community by a psychiatrist and a social worker. The Mental Health Casework Section receives regular reports from both supervisors. These patients can be recalled to hospital if they pose a risk to others as a result of their mental disorder (they cannot be recalled simply for breaching their conditions.)

Guidance

Resuming a Prosecution when a patient becomes fit to plead: Guidance
Resuming a Prosecution when a patient becomes fit to plead: Covering letter
Guidance for clinical supervisors
Guidance for social supervisors
The recall of conditionally discharged restricted patients
Mental Health Casework Section Guidance - Section 17 leave
Guidance for the courts on remand and sentencing powers for mentally disordered offenders
Foreign national restricted patients - guidance on repatriation
Guidance for clinicians: duties to victims under the Domestic Violence, Crime and Victims Act 2004
Guidance for working with MAPPA and mentally disordered offenders
Mental Health Casework Section Guidance - Section 19 transfers
Mental Health Casework Section Guidance - First tier tribunal (mental health)
Mental Health Casework Section Guidance - First tier tribunal (mental health) – Further Guidance
Mental Health Casework Section – Guidance on Lifting Restrictions
MHCS Out of Hours Service Guidance – for Professionals

Forms

Remission of person now considered fit to plead
Remission to prison of section 47 or section 48 patients
Conditional discharge application form
Medical leave application for restricted patients

Leave application for restricted patients
Report on completed leave
Application for trial leave or full transfer to another hospital - guidance
Applications for trial leave or full transfer to another hospital from the current and accepting hospitals
Conditional discharge request proforma

 

 

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