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Section 47/49 — MRCPsych Paper B MCQ

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HardForensic PsychiatrySection 47/49MRCPsych Paper B

A 30-year-old man serving a determinate prison sentence is detained in hospital under a section 47 transfer direction with a section 49 restriction direction. Before his automatic release date, the responsible clinician concludes that he no longer requires treatment in hospital. The First-tier Tribunal agrees and notifies the relevant authority that he should be returned to prison to continue his sentence. Who has the statutory authority to authorise his remission to prison?

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Correct answer: C — The Secretary of State for Justice

The correct answer is **B, the Secretary of State for Justice**. While the prison sentence remains in force, a patient subject to section 47/49 may be remitted to prison under section 50 when hospital treatment is no longer required or no effective treatment can be provided. The responsible clinician can initiate the process by notifying and making a request to the Secretary of State, but cannot authorise the return. Similarly, the First-tier Tribunal may notify the Secretary of State and make relevant recommendations, but cannot itself direct the discharge or remission of a section 47/49 patient. Hospital managers have no discharge power over a restricted transferred prisoner, and the prison governor receives the prisoner but does not authorise the remission.

Reference: HM Prison and Probation Service, Recall, Review and Re-Release of Recalled Prisoners Policy Framework, paragraphs 8.13.5–8.13.6, reissued 17 April 2026: https://assets.publishing.service.gov.uk/media/69cbb4a2024cdf09254f3f45/recall-pf.pdf