Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 10 – Criminal Justice

Chapter 5 – Detention under a Hospital Direction
Section 197 - Detention under a hospital direction

This section provides that a person liable to be detained under a hospital direction will continue to be detained under the direction until it ceases to have effect under section 198, when the Department of Justice transfers the person back to prison, or under section 240, when the Review Tribunal notifies the Department of Justice that the criteria for detaining the person in hospital are no longer met.