PART 10CRIMINAL JUSTICE

CHAPTER 7TRANSFER FROM PRISON ETC TO HOSPITAL

Civil prisoners and immigration detainees

216Termination of direction under section 214

1

This section applies where a direction is given in respect of a person (“A”) under section 214 (transfer of civil prisoner or immigration detainee to hospital).

2

The direction (“the hospital transfer direction”) ceases to have effect, if it has not already done so, at the end of the period of liability to detention.

3

If before the end of that period the Department of Justice receives a relevant notification—

a

the Department of Justice must by warrant direct that A be removed to any place in which A might (but for the hospital transfer direction) be detained, to be dealt with there as if the hospital transfer direction had not been given; and

b

the hospital transfer direction ceases to have effect on A’s arrival in that place.

4

But subsection (3) does not apply if (having received a relevant notification) the Department of Justice directs that with effect from a specified date—

a

A is to be treated as if he or she had been removed to the hospital under the relevant provision from a place, specified in the direction under this subsection, in which A might (but for the hospital transfer direction) be detained; and

b

the hospital transfer direction is to cease to have effect.

5

In this section a “relevant notification” means a written notification by a suitable medical practitioner that—

a

in the practitioner’s opinion A does not have, or no longer has, the disorder;

b

in the practitioner’s opinion it is more likely than not that, if A were transferred under subsection (3), no serious physical or psychological harm to A or serious physical harm to other persons would result from A’s ceasing to be provided with treatment for the disorder as an in-patient in hospital; or

c

in the practitioner’s opinion no effective treatment for the disorder can be given to A in the hospital.

6

In this section—

  • “the disorder” means the disorder in respect of which the hospital transfer direction was given;

  • “the hospital” means the hospital where A is detained;

  • “the period of liability to detention” means the period during which A would, if the hospital transfer direction had not been given, have been liable to be detained in the place from which A was removed to hospital;

  • “the relevant provision”—

    1. a

      in the case of a civil prisoner (as defined by section 214), means section 16(2) of the Prison Act (Northern Ireland) 1953;

    2. b

      in the case of an immigration detainee (as defined by section 214) means—

      1. i

        if the place specified in the direction under subsection (4) is a prison, section 16(2) of the Prison Act (Northern Ireland) 1953;

      2. ii

        otherwise, removal centre rules (within the meaning of Part 8 of the Immigration and Asylum Act 1999);

  • “a suitable medical practitioner” means the responsible medical practitioner or—

    1. a

      if the disorder was mental disorder, an approved medical practitioner;

    2. b

      otherwise, any medical practitioner who appears to the Department of Justice to have special experience in the diagnosis or treatment of the disorder.