Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 7 N.I. TRANSFER FROM PRISON ETC TO HOSPITAL

Civil prisoners and immigration detainees N.I.

Transfer of civil prisoner or immigration detainee to hospital N.I.

214—(1) Where—

(a) a person is a civil prisoner or an immigration detainee, and

(b) the conditions for giving a direction under this section are met (see section 223),

the Department of Justice may by warrant direct that that person be removed to a hospital specified in the direction.

(2) The managing authority of the hospital specified in the direction must—

(a) admit the person; and

(b) detain him or her in accordance with section 215.

(3) In this section—

“a civil prisoner” means a person committed by a court to prison for a limited term, other than a person serving a relevant sentence (as defined by section 211);

“an immigration detainee” means a person detained under the Immigration Act 1971 or under section 62 of the Nationality, Immigration and Asylum Act 2002.