26.2 Persons involved in criminal proceedings may be detained in hospital under Part 3 of the Mental Health Act 1983 (MHA 1983). Persons may only be detained in hospital if:

• they are suffering from a mental disorder of a nature or degree that makes it appropriate for the patient to be liable to be detained in hospital for medical treatment; and
• the medical treatment is necessary for the patient's health and safety or for the protection of other persons; and
• appropriate medical treatment is available for the patient.

26.3 There are two types of Part 3 patients - unrestricted (who receive a hospital order or transfer direction) and restricted (who receive a restriction order or limitation direction alongside any relevant order). Patients detained under the MHA 1983 where the Crown Court imposes a restriction order (s.41), restriction direction (s.49), or limitation direction (s.45A) are subject to the special restrictions set out in s.41(3). These patients are known as restricted patients. Detained patients who are not subject to these restrictions are known as unrestricted patients.