Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 36.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Patients concerned in criminal proceedings or under sentence
36Transfers of prisoners and others to hospital: conditions
(1)
The Mental Health Act 1983 is amended as follows.
(2)
“(c)
that appropriate medical treatment can be given for the relevant disorder from which the person is suffering;”.
(3)
In section 48 (removal to hospital of other prisoners)—
(a)
“(c)
appropriate medical treatment can be given for the relevant disorder from which the person is suffering;”;
(b)
“(d)
persons detained under—
(i)
the Immigration Act 1971,
(ii)
section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State),
(iii)
section 36 of the UK Borders Act 2007 (detention of offenders for deportation), or
(iv)
regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (which are saved by the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)).”