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Practice Procedures and Directions

2.28. What is a forensic patient?

Broadly, a ‘forensic patient' is someone in the following categories (s 4 Mental Health Act 2007:

  • Not guilty by reason of mental illness: a person subject to a special verdict who has been found not guilty by reason of mental illness and detained in a hospital, prison, other place or granted release into the community conditionally ss 25, 39 Mental Health (Criminal Procedure) Act
  • Unfit for trial: a person who has been found unfit to be tried for the offences with which they have been charged and in some cases, granted bail s 10 Mental Health (Criminal Procedure) Act
  • Limiting term: a person given a limiting term following a special hearing and detained in a mental health facility, prison or other place or granted conditional release s 27 Mental Health (Criminal Procedure) Act Transferees: a person who has been transferred from a prison to a mental health facility whilst on remand or following conviction of a criminal offence and whilst serving a sentence of imprisonment s 51 Mental Health (Criminal Procedure) Act

These items are explained further at sections are explained further at sections 2.30, 2.31, 2.32, and 2.36. 2.29.1


Date Last Published: 3/10/2008