Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 10 – Criminal Justice

Chapter 7 – Transfer from Prison Etc to Hospital
Section 218 - Detention in hospital on removal under section 217

This section provides that when an individual is detained in hospital following removal under a direction given in accordance with section 217, he or she shall be liable to be detained until the direction ceases to have effect in accordance with sections 219, 222 or 240.

Provision is also made for applying sections 201 to 203 in these circumstances. Section 201 requires the responsible medical practitioner to examine the person and report to the Department of Justice at intervals not exceeding a year. Section 202 makes provision for permission being granted to give the person leave of absence from hospital, whilst section 203 makes provision for transferring the individual between hospitals.