(1)  The Chief Psychiatrist may direct that a forensic patient be removed from an SMHU and transferred to a secure institution, an approved hospital, a health service, within the meaning of the Health Complaints Act 1995 , or premises where such a health service is provided.

(2)  Except in an emergency, the direction (the transfer direction ) is to be in an approved form.

(3)  In an emergency, the transfer direction may be given orally or in writing and, in such a case, the Chief Psychiatrist may complete the transfer direction after the transfer takes place.

(4)  The transfer direction (or, if applicable, emergency oral direction) is authority for an authorised person or police officer to –

(a) take the patient under escort; and

(b) remove the patient from the SMHU; and

(c) take the patient to the secure institution, approved hospital, health service or premises specified in the direction.

(5)  For the purposes of subsection (4)  –

(a) the Chief Psychiatrist may request that the patient be taken under escort (in which case the Chief Psychiatrist is to ensure that the escort is given a copy of the transfer direction); and

(b) the custody and escort provisions apply; and

(c) while the patient is being transferred and is in the secure institution, approved hospital, health service or premises pursuant to the transfer direction, the escort has, as regards the patient, for all purposes connected with the transfer, full authority to act in the name of the controlling authority of the SMHU and to discharge any responsibility of any authorised person under this Part.

(6)  The Chief Psychiatrist is to –

(a) give a copy of the transfer direction to the patient (together with a statement of rights in an approved form); and

(b) give a copy of the transfer direction to –

(i) the controlling authority of the SMHU; and

(ii) the person in charge of the secure institution, approved hospital, health service or other place to which the patient is transferred; and

(iii) the treating medical practitioner; and

(iv) the Tribunal; and

(c) place a copy of the transfer direction on the patient's clinical record.

Note

The transfer of a forensic patient under this section is reviewable by the Tribunal– see Division 2 of Part 3 of Chapter 3 .