Under section 48 of the 1983 Act the Secretary of State has the power to make a transfer direction allowing for individuals on remand in a prison or remand centre or remanded in custody by a magistrates’ court, and civil and immigration detainees, to be transferred to hospital if they are suffering from a mental disorder requiring inpatient care. Where the Crown Court remands children to youth detention accommodation, there is currently no provision for the Secretary of State to make a transfer direction in respect of them under section 48.
	Since 2012, remand centres have not been utilised in the criminal justice system and children arrested for or formally charged with a crime have instead been remanded to youth detention accommodation. Section 38removes the defunct references and ensures all those remanded to youth detention accommodation, including by the Crown Court, can be transferred under section 48 if the criteria is met.
Patients concerned in criminal proceedings or under sentence Section 38: Transfer directions for persons detained in youth detention accommodation