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ANNEX H
PATIENT'S GUIDE TO TRANSFER FOR TREATMENT DIRECTION
1. Most patients who are transferred to hospital while serving a prison sentence are on a Transfer for Treatment Direction.
2. This has the effect of a compulsion order and restriction order. If you are subject to such an order, you are a restricted patient and cannot be transferred or given suspension of detention without the permission of Scottish Ministers.
3. From 1 October 1993 early release provisions under the Prisoners and Criminal Proceedings (Scotland) Act 1993 Act apply to you even although you are in hospital.
4. If, before you are released, Scottish Ministers are satisfied that you no longer require hospital treatment or protection, they must send you back to prison or such other place where you were held.
5. If Scottish Ministers think that you still need further treatment, they may decide to keep you in hospital rather than send you back to prison.
6. If you are sent back to prison, the transfer for treatment direction falls.
7. However, this direction may continue to affect you if your original detention was under the Immigration Act 1971.
8. If you are granted early release, the transfer for treatment direction falls.
9. At the same time, you may be released from hospital on licence until the Sentence Expiry Date, unless your Responsible Medical Officer obtains reports that you should remain in hospital.
10. If you need to remain in hospital, the RMO will make an application to the Mental Health Tribunal for a compulsory treatment order. You have a right to apply to the Tribunal to cancel or change this order, but not until 3 months after the date on which the order began.
11. You may appeal to the Mental Health Tribunal against your transfer to hospital (immediately after transfer) or against your continuing detention in hospital, at any point during your admission.
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