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Change 1
As published
48 Removal to hospital of other prisoners.
(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that
(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
(b) he is in urgent need of such treatment; and
(c) appropriate medical treatment is available for him;
the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.
(2) This section applies to the following persons, that is to say—
(a) persons detained in a prison or remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;
(b) persons remanded in custody by a magistrates’ court;
(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term ..., who are not persons falling to be dealt with under section 47 above;
(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)).
(3) Subsections (2) and (3) of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.
Your change, as a redline
48 Removal to hospital of other prisoners.
(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that
(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
(b) he is in urgent need of such treatment; and
(c) appropriate medical treatment is available for him;
the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.
(2) This section applies to the following persons, that is to say—
(a) persons detained in a prison or remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;
(b) persons remanded in custody by a magistrates’ court;
(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term ..., who are not persons falling to be dealt with under section 47 above;
(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)).
(3) Subsections (2) and (3) of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.
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