Each separate jurisdiction in the UK has its own mental health legislation. Part 6 of the 1983 Act facilitates the transfer of patients between those jurisdictions (England and Wales, Scotland and, Northern Ireland) and between England and Wales on the one hand, and the Crown Dependencies (any of the Channel Islands and the Isle of Man) on the other and provides that when a patient is admitted to hospital in England and Wales, they are to be treated under Part 6 of the 1983 Act as if subject to a corresponding domestic application made, order or direction. At the moment, these provisions do not apply to patients with extant criminal proceedings made subject to remand or interim orders (in England and Wales, these are section 35, 36 and 38 of the 1983 Act), as it was considered appropriate to prevent transfer of these patients owing to their ongoing criminal proceedings in the home jurisdiction. For patients with complex needs in the criminal justice system of the Crown Dependencies, where appropriate secure mental health facilities and provision may not be available, it is considered important to create a quicker and simpler process by which they can be transferred into the correct setting in England and Wales.
	Section 50 removes the exclusions that exist in sections 83, 85 and 91 of the 1983 Act that prevent offenders remanded to hospital or made subject to interim hospital orders from transferring between the Crown Dependencies and England and Wales. The exclusions have had an effect of limiting the powers of courts in the Crown Dependencies from appropriately dealing with offenders suffering from complex mental health needs. Section 50 will resolve this by providing that remand and interim patients can be transferred into England and Wales from the Crown Dependencies for reports or treatment, whilst being appropriately detained under domestic provision, and then returned for the continuation of their criminal proceedings.
	Section 50 subsection (2) removes the exclusion for patients who are subject to an order under section 35, 36 and 38 in section 83, meaning they can be functionally transferred from England and Wales to the Crown Dependencies under Part 6.
	Section 50 subsection (3)(a) removes the exclusion for patients in the Crown Dependencies from being transferred to England and Wales who are subject to the Crown Dependency equivalents of orders under section 35, 36 and 38, meaning they can be functionally transferred from the Crown Dependencies under the legislation of the sending jurisdiction, and received in hospital in England and Wales under Part 6.
	Section 50 also inserts Schedule A2 into the 1983 Act.
	Once the patient is admitted to hospital in England and Wales, their Crown Dependency order will cease to have effect under the relevant Crown Dependency legislation. Schedule A2 provides for modifications to sections 35, 36, 38 of the 1983 Act to enable patients transferred from the Crown Dependencies to be appropriately managed by the domestic courts in England and Wales.
	Different courts in the Crown Dependencies have the power to make remand and interim orders. Schedule A2 provides for modifications which mean the patients will be dealt with in England and Wales by the court with functions which most closely corresponds with those of the court in the Crown Dependency which made the original order, except in the case of a remand for treatment, which can only be managed by the Crown Court.
	Schedule A2 restricts the powers of the court to deal with the patient, as the patient has no extant criminal proceedings in England and Wales, the court is unable to exercise any of its criminal jurisdictional powers in relation to the patient, aside from inherent procedural powers such as adjourning the case to obtain further evidence, and those expressly provided for in the new Schedule (Schedule A2). The court can renew the remand or interim order for prescribed periods in line with the domestic order renewal periods, and it must notify the Secretary of State of any renewals. The court’s considerations for renewal are not restricted so the court may take into account all relevant considerations- for example, it may be the case that a patient’s report is completed and the patient is found to not require treatment or their treatment finished and the responsible clinician considers they no longer need to be detained for treatment, but the patient needs to be returned to the Crown Dependency to participate in their criminal proceedings – in this case, additional remand, in line with the prescribed maximum periods, may be appropriate to continue to detain them and allow the Secretary of State to return them for trial. The court can also recommend to the Secretary of State the patient be returned to the sending Crown Dependency, for example where a report (finding the patient does not require treatment) or treatment is concluded. The modifications prevent the court from terminating a remand (although the court could exercise its discretion not to renew) and dealing with the patient in any other manner which it would be able to, were the patient accused of an offence in England and Wales.
	Subsections 2(1)(a) and (2) allow a court to impose a section 36 on a patient who has previously been transferred from the Crown Dependencies on the equivalent of a section 35, to prevent them from having to be sent back and forth.
	Subsection 4 makes it clear that the Secretary of State can transfer one of these patients to the Crown Dependencies if it is appropriate, ensuring patients with extant criminal proceedings can meet the transfer criteria. Once transferred and admitted, the extant remand or interim orders will cease to have effect under section 91(1) and the transferred patients will again be subject to the equivalent orders under Crown Dependency legislation and the criminal proceedings may continue as before.
Miscellaneous Section 50: Removal of interim remand patients to and from Channel Islands or Isle of Man